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John A. McCurdy Jr., M.D. John A. McCurdy Jr., M.D., Facs, Inc. v. American Board of Plastic Surgery

Court of Appeals for the Third Circuit

Decided September 22, 1998No. 97-1971PublishedCited by 1,910 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVTTER, Circuit Judge.

This appeal requires us to consider the intersection of Rules 4(m) and 12(h) of the Federal Rules of Civil Procedure, in particular whether an objection to service of process as untimely under Rule 4(m) may be waived under 12(h) if not made in compliance with Rule 12(g). Surprisingly, it is an issue we have not previously addressed.

I

Appellant John A. McCurdy, Jr., M.D., is a licensed physician practicing cosmetic surgery in the State of Hawaii through the professional corporation of John A. McCur-dy, Jr., M.D., FACS, Inc., wholly owned by McCurdy…

2Cases cited18 opinions

  1. David Petrucelli Tracy A. Petrucelli, Husband and Wife v. Bohringer and Ratzinger, Gmbh Ausdereitungsanlagen Jake Diel Construction MacHine Inc. Teco Electric and MacHine Company, Ltd. v. Excel Recycling & Manufacturing, Inc., Third-Party David Petrucelli and Tracy A. PetrucelliCourt of Appeals for the Third Circuit · 1995
  2. MCI Telecommunications Corporation v. Teleconcepts, Incorporated, Defendant/third-Party v. Bell of Pennsylvania, Third-Party Teleconcepts, IncorporatedCourt of Appeals for the Third Circuit · 1995
  3. Mark E. O'Brien v. R.J. O'Brien & Associates, Inc.Court of Appeals for the Seventh Circuit · 1993
  4. Dr. S.B. Pardazi v. Cullman Medical CenterCourt of Appeals for the Eleventh Circuit · 1990
  5. George Kersh v. Norman DerozierCourt of Appeals for the Fifth Circuit · 1988

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3Cited by1,910 opinions

  1. Sharyl Attkisson v. Eric Holder, Jr.Court of Appeals for the Fourth Circuit · 2019
  2. Garlanger v. VerbekeDistrict Court, D. New Jersey · 2002
  3. Roberts v. Erhard (In Re Roberts)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  4. Astropower Liquidating Trust v. Xantrex Technology, Inc. (In Re Astropower Liquidating Trust)United States Bankruptcy Court, D. Delaware · 2005
  5. Veal v. United StatesCourt of Appeals for the Third Circuit · 2004

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