PUSEY v. DALLAS CORP.

No. 90-2084.

938 F.2d 498 (1991)

William H. PUSEY, Plaintiff-Appellant, and Sharon E. Pusey, his wife, Plaintiff, v. DALLAS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 3, 1991.


Attorney(s) appearing for the Case

Jay Paul Holland, Joseph, Greenwald & Laake, P.A., Greenbelt, Md., argued (Walter E. Laake, Jr., Joseph, Greenwald & Laake, P.A., Greenbelt, Md., Mary A. Parker, Nashville, Tenn., on brief), for plaintiff-appellant and plaintiff.

Todd Shawn Swatsler, Jones, Day, Reavis & Pogue, Columbus, Ohio, argued (Richard A. Chesley, Jones, Day, Reavis & Pogue, Columbus, Ohio, Joel Dewey, Piper & Marbury, Baltimore, Md., on brief), for defendant-appellee.

Before PHILLIPS, Circuit Judge, CHAPMAN, Senior Circuit Judge, and WILLIAMS, District Judge for the Eastern District of Virginia, sitting by designation.


OPINION

PHILLIPS, Circuit Judge:

William H. and Sharon E. Pusey challenge the district court's dismissal of their personal injury action against Dallas Corporation (Dallas), for insufficient (untimely) service of process. The Puseys contend that Dallas waived its right to assert the insufficient service of process defense by failing to raise it in its answer to the Puseys' complaint. Because we conclude that Dallas did waive its right to assert an insufficient...

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