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RANDOLPH v. HENDRY

Civil Action No. 6:99-0253.

50 F.Supp.2d 572 (1999)

Debra Z. RANDOLPH, Plaintiff, v. Martin HENDRY, Defendant.

United States District Court, S.D. West Virginia, Parkersburg Division.

May 11, 1999.

Attorney(s) appearing for the Case

Thomas Munchmeyer, William O. Merriman, Jr., Cosenza, Underwood & Merriman, Parkersburg, WV, for plaintiff.

J. Rudy Martin, Cortland C. Potbrese, Jackson & Kelly, Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending before the Court is the motion of the defendant to dismiss this case pursuant to Rule 12(b)(1), (2), (4), and (5) of the Federal Rules of Civil Procedure. The memorandum accompanying the motion addresses only the Rule 12(b)(5) justification — dismissal based upon insufficiency of service of process. The Court's clerk, with notice to the defendant, contacted the plaintiff's counsel to remind...

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