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CITY OF BLUEFIELD, W.VA. v. AUTOTROL CORP.

Civ. A. Nos. 1:86-0742, 1:87-0715.

723 F.Supp. 362 (1989)

CITY OF BLUEFIELD, WEST VIRGINIA, a Municipal Corporation, Acting By and Through The SANITARY BOARD OF BLUEFIELD, WEST VIRGINIA, Plaintiff, v. AUTOTROL CORPORATION, Babcock International p.l.c., Babcock International Inc., Babcock International Holdings Limited, Defendants. CITY OF BLUEFIELD, WEST VIRGINIA, A Municipal Corporation, Acting By and Through The SANITARY BOARD OF BLUEFIELD, WEST VIRGINIA, Plaintiff, v. BABCOCK CONTRACTORS, INC., Defendant.

United States District Court, S.D. West Virginia, at Bluefield.

September 21, 1989.

Attorney(s) appearing for the Case

Norris Kantor, Katz, Kantor & Perkins, Bluefield, W. Va., and Christopher Buckley, Beveridge & Diamond, Washington, D.C., for plaintiff.

Richard Rinaldo, Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for Babcock Contractors, Inc.

Edgar Poe, Jr., Shuman, Annand & Poe, Charleston, W. Va., for Autotrol Corp.

Gerard Stowers, Bowles, McDavid, Graff & Love, Charleston, W. Va., for Babcock Intern. p.l.c. and Babcock Intern. Inc.

ORDER

HALLANAN, District Judge.

This matter is before the Court via the motion of Defendant Babcock Contractors, Inc., in Civil Action 1:87-0715, to dismiss Complaint. After careful consideration the Court is prepared to rule on this motion.

This Defendant asserts two grounds for its motion to dismiss Complaint. First, the Defendant contends that service of process is deficient and, second, that the statute of limitations bars the maintenance of...

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