McCURDY v. AMERICAN BD. OF PLASTIC SURGERY

No. 97-1971.

157 F.3d 191 (1998)

John A. McCURDY, Jr., M.D.; John A. McCurdy, Jr., M.D., FACS, Inc., Appellants, v. AMERICAN BOARD OF PLASTIC SURGERY.

United States Court of Appeals, Third Circuit.

Decided September 22, 1998.


Attorney(s) appearing for the Case

Robert A. Smith, Kaneohe, HI, for Appellants.

Gabriel L. Bevilacqua, Saul, Ewing, Remick & Saul, Philadelphia, PA, for Appellee.

Before: SLOVITER and ROTH, Circuit Judges, and FEIKENS, District Judge.


Submitted Pursuant to Third Circuit LAR 34.1(a) July 13, 1998.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This appeal requires us to consider the intersection of Rules 4(m) and 12(h) of the Federal Rules of Civil Procedure, in particular whether an objection to service of process as untimely under Rule 4(m) may be waived under 12(h) if not made in compliance with Rule 12(g). Surprisingly, it is an issue we have not previously addressed.

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