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BANKS v. LEON

Civil Action No. 96-233-B.

975 F.Supp. 815 (1997)

Debra BANKS, Plaintiff, v. William LEON, Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

August 29, 1997.

Attorney(s) appearing for the Case

Richard D. Kennedy, Sturgill, Mullins & Kennedy, Wise, VA, for Debra Banks.

James Lucas Humphreys, Hunter, Smith & Davis, Kingsport, TN, for United Financial Casualty Co.

OPINION

JONES, District Judge.

In this negligence case arising out of an automobile accident, the uninsured motorist insurance carrier has filed a motion to dismiss on the basis that the service of process on the defendant pursuant to section 8.01-313 of the Virginia Code was ineffective because that provision is unconstitutional. I find no defect in service of process and therefore deny the motion.

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