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KOEHLER v. DODWELL

No. 97-2652.

152 F.3d 304 (1998)

Lee N. KOEHLER, Plaintiff-Appellant, v. A. David DODWELL, Defendant-Appellee, and Susan J. Mitchell, Party in Interest, The Reefs; Jenkins and Gibson, Limited; Windward Properties, Limited; The Reefs Beach Club, Limited, Garnishees.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1998.

Attorney(s) appearing for the Case

ARGUED: Brian Grayson West, Towson, Maryland, for Appellant. Thomas Carroll Beach, III, Whiteford, Taylor & Preston, L.L.P., Baltimore, Maryland, for Appellee. ON BRIEF: Paul F. Newhouse, Towson, Maryland, for Appellant. Michael A. Stover, Whiteford, Taylor & Preston, L.L.P., Baltimore, Maryland, for Appellee.

Before WILKINS and LUTTIG, Circuit Judges, and FABER, United States District Judge for the Southern District of West Virginia, sitting by designation.

Reversed by published opinion. Judge WILKINS wrote the opinion, in which Judge LUTTIG and Judge FABER joined.

WILKINS, Circuit Judge:

Lee N. Koehler appeals a decision of the district court vacating a default judgment against A. David Dodwell on the basis that the judgment was void for lack of personal and subject-matter jurisdiction. See Fed. R.Civ.P. 60(b)(4). Koehler argues that the judgment was not void because Dodwell was served in accordance with...

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