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REDDING v. ESSEX CRANE RENTAL CORP. OF ALABAMA

No. 84-3624 Summary Calendar.

752 F.2d 1077 (1985)

Kenneth REDDING, and Rhonda Redding, Individually and His Wife, Plaintiffs-Appellants, v. ESSEX CRANE RENTAL CORPORATION OF ALABAMA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 18, 1985.

Attorney(s) appearing for the Case

Richard A. Thalheim, Jr., Thibodaux, La., for plaintiffs-appellants.

Before WILLIAMS, JOLLY, and HILL, Circuit Judges.

PER CURIAM:

Four times the district court notified the attorney for appellants, the Reddings, that their diversity suit for damages was subject to being dismissed because no steps had been taken to serve the named defendant, Essex Crane Rental Corporation of Alabama. Four times the attorney for the appellants replied that service would be made "at an appropriate time" or that service would be made "when the time had arrived to do so". After the fourth such response...

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