district court dismissed the action, relying on Virginia tolling law. The Fourth Circuit affirmed before deciding to rehear the case. See Atkins v. Schmutz Mfg. Co., 268 F. Supp. 406 (W.D. Va. 1967), of 'd, 401 F.2d 731 (4th Cir. 1968). The court in the present case rather obviously felt that Atkins had been a