Netermyer v. Henley

ESCHBACH, District Judge.

This matter is presently before the Court on defendants’ motion to quash service of summons and Marshal’s return thereon and to dismiss plaintiff’s cause of action. The grounds alleged in support of this motion are that the above-en*735titled cause of action is barred by the statute of limitations, as the summons was not lawfully or properly issued by the Clerk of the United States District Court for the Northern District of Indiana within time sufficient to prevent this cause from being barred by the applicable statute of limitations.

The Court has had the benefit of…