Legal Opinion

National Trust for Historic Preservation v. 1750 K Investment Partnership

District Court, E.D. Virginia

Decided January 16, 1984No. Civ. A. No. 83-0375-APublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

CACHERIS, District Judge.

Defendant Stuart C. Fisher (hereinafter “Fisher”) has moved the court to set aside default judgments granted the plaintiff and a co-defendant, and to dismiss the complaint on the grounds that Fisher was not properly served and did not receive proper notice of the default motion pursuant to Va.Code § 8.01-296 (1977 Repl.Vol.). Upon careful consideration, I conclude that Fisher’s motion should be granted and that this case should be dismissed without prejudice.

I

There are two issues to be resolved in this matter. The first is whether there was proper…

2Cases cited11 opinions

  1. Grannis v. OrdeanSupreme Court of the United States · 1914
  2. Galpin v. PageSupreme Court of the United States · 1874
  3. Staunton Perpetual Building & Loan Co. v. HadenSupreme Court of Virginia · 1895
  4. Devex Corp. v. General Motors Corp.District Court, D. Delaware · 1983
  5. Picou v. Rimrock Tidelands, Inc.District Court, E.D. Louisiana · 1962

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3Cited by6 opinions

  1. Marrero Albino v. Vázquez EgeanSupreme Court of Puerto Rico · 1994
  2. New York State National Organization for Women v. TerryCourt of Appeals for the Second Circuit · 1992
  3. New York State National Organization For Women v. Randall A. TerryCourt of Appeals for the Second Circuit · 1992
  4. National Trust for Historic Preservation in U.S. v. 1750 K Inv. PartnershipCourt of Appeals for the Fourth Circuit · 1985
  5. Prillaman v. PrillamanWarren County Circuit Court · 1992

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