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S.J. GROVES & SONS CO. v. J.A. MONTGOMERY, INC.

No. 88-3540.

866 F.2d 101 (1989)

S.J. GROVES & SONS COMPANY, Plaintiff-Appellant, v. J.A. MONTGOMERY, INC., Defendant-Appellee, and Controlled Blasting, Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided January 24, 1989.

Rehearing and Rehearing Denied March 22, 1989.

Attorney(s) appearing for the Case

Michael L. Minsker (Cozen and O'Connor, Philadelphia, Pa., R. Dean Hartley, Phillips, Gardill, Kaiser, Boos & Hartley, Wheeling, W. Va., on brief) for plaintiff-appellant.

Stephen R. Crislip (Deborah Y. VanDervort, Jackson & Kelly, Charleston, W. Va., on brief) for defendant-appellee.

Before WILKINS, Circuit Judge, HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing In Banc Denied March 22, 1989.

WILKINS, Circuit Judge:

S.J. Groves & Sons Company appeals from the dismissal of its suit against J.A. Montgomery, Inc. for failure to effect service of process. Fed.R.Civ.P. 12(b)(5). We reverse and remand.

I.

On May 5, 1987 Groves filed a breach of contract action against Montgomery in West Virginia. Groves attempted to serve Montgomery in Delaware at its principal place of business...

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