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ZACHERY v. THIGPEN

No. 94-D-851-N.

895 F.Supp. 1472 (1995)

Estate of Houston ZACHERY, Jr., Deceased, etc., Plaintiff, v. Morris L. THIGPEN, etc., et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

June 21, 1995.

Attorney(s) appearing for the Case

Marcus W. Reid, Anniston, AL, for plaintiff.

Horace N. Lynn, Andrew W. Reed, Montgomery, AL, for Morris L. Thigpen, Davis & Dept.

Randal H. Sellers, Elizabeth S. Webb, Birmingham, AL, for defendants.

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is defendant Questcare, Inc.'s ("Questcare") motion to dismiss filed May 31, 1995, to which the plaintiff responded on June 19, 1995. Questcare seeks dismissal of the complaint without prejudice for failure to effect service of process within 120 days of filing the complaint. See Fed. R.Civ.P. 4(m). After careful consideration of the arguments of counsel, the applicable...

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