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HALSTEAD v. KALWEI

No. 2:04-0951.

393 F.Supp.2d 393 (2005)

Jeffrey B. HALSTEAD and Tammy Halstead, his wife, Plaintiffs v. Timothy J. KALWEI, an individual, and State Auto Property & Casualty Insurance Company, an insurance corporation Defendants.

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

June 1, 2005.

Attorney(s) appearing for the Case

Charles M. Love, IV, Marvin W. Masters, Masters & Taylor, Charleston, WV, for Plaintiffs.

Charles R. Bailey, Heather D. Foster, Bailey & Wyant, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

COPENHAVER, District Judge.

Pending before the court is the motion of defendant Timothy Kalwei, represented specially by counsel for defendant State Auto Property & Casualty Insurance Company ("State Auto"), seeking dismissal of the action for failure of the plaintiffs Jeffrey B. Halstead and Tammy Halstead to effect service upon him within 120 days of the filing of their complaint. Also pending before the court is...

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