City of Bluefield Ex Rel. Sanitary Board of Bluefield v. Autotrol Corp.

ORDER

HALLANAN, District Judge.

This matter is before the Court via the motion of Defendant Babcock Contractors, Inc., in Civil Action 1:87-0715, to dismiss Complaint. After careful consideration the Court is prepared to rule on this motion.

This Defendant asserts two grounds for its motion to dismiss Complaint. First, the Defendant contends that service of process is deficient and, second, that the statute of limitations bars the maintenance of this action. The Court will address each of these contentions in order.

I

Service of Process

The Court finds that the Plaintiff properly served this…