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PLUM v. CAMDEN-CLARK FOUNDATION, INC.

No. 24126.

496 S.E.2d 179 (1997)

201 W.Va. 229

Charles E. PLUM and Linda Plum, Plaintiffs Below, Appellants, v. CAMDEN-CLARK FOUNDATION, INC., d/b/a Camden-Clark Memorial Hospital, Michael Santer, Jr., and M. David Avington, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Filed October 6, 1997.

Dissenting Opinion of Justice Maynard December 19, 1997.

Attorney(s) appearing for the Case

Rodney T. Berry, Berry, Kessler, Crutchfield & Taylor, Moundsville, for Appellants.

John D. Hoffman, Flaherty, Sensabaugh & Bonasso, Charleston, for Santer and Avington.

Thomas J. Hurney, Jr., Jennifer A. Cain, Jackson & Kelly, Parkersburg, for Camden-Clark.

PER CURIAM:1

This is an appeal by Charles E. Plum and Linda Plum, appellants/plaintiffs, from an order of the Circuit Court of Wood County dismissing their complaint for failing to timely effect service of process. The sole issue presented is whether the circuit court committed error in finding the plaintiffs' did not establish good cause in failing to timely effect service of process.

I.

On January 11, 1996 the plaintiffs...

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