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· 1/6/1983

Ralph E. Vorhees, to His Own Use and to the Use of Liberty Mutual Insurance Company and Nancy Vorhees, His Wife v. Fischer & Krecke

Citations

  • 697 F.2d 574
  • 35 Fed. R. Serv. 2d 1289
  • 1983 U.S. App. LEXIS 27791

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that a case should not be dismissed based on improper service and that plaintiffs should be given a “reasonable opportunity to attempt to effect valid service of process on the defendant”
  • ”[T]he statute of limitations had run on the plaintiffs’ various causes of action ... the action should not have been dismissed until the plaintiffs were given a reasonable opportunity to attempt to effect valid service of process on the defendant.”
  • discussing the distinction between quashing service of process and dismissal
  • “If the first service of process is ineffective, a motion to dismiss should not be granted, but rather the [c]ourt should treat the motion . . . as one to quash the service of process and the case should be retained on the docket pending effective service.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Murnaghan, Chapman, Bryan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.