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FEDERAL DEPOSIT INS. CORP. v. SCHAFFER

No. 83-1482.

731 F.2d 1134 (1984)

FEDERAL DEPOSIT INSURANCE CORPORATION, Appellee, v. Michael A. SCHAFFER; Leonard Malin, Appellants, and Spartan Mining Co., Inc., a corporation, LMC Enterprises, Inc., a corporation, Hamilton Associates, Inc., a corporation, and Charles Nagy, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 17, 1984.

Attorney(s) appearing for the Case

Richard E. Rowe, Charleston, W.Va. (Lucinda C. Masterton, Goodwin & Goodwin, Charleston, W.Va., on brief), for appellants.

Carl L. Fletcher, Charleston, W.Va. (Marshall C. Spradling, Joseph J. Miller, Spilman, Thomas, Battle & Klostermeyer, Charleston, W.Va., on brief), for appellee.

Before WIDENER and CHAPMAN, Circuit Judges, and MAX ROSENN, Senior Circuit Judge for the United States Court of Appeals for the Third Circuit, sitting by designation.

ROSENN, Senior Circuit Judge:

Michael Schaffer and Leonard Malin appeal from a decision of the United States District Court for the Southern District of West Virginia denying their motion to vacate a default judgment entered against them. The sole issue is whether effective notice was provided to the individual defendants so as to perfect substituted service upon the secretary of state in accordance with the pertinent West Virginia long arm statute. The district court...

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