Christy v. Atlantic International Oil Corp.

OPINÍON AND ORDER

CARL B. RUBIN, District Judge.

The matter is before the Court on the motion of defendant Slawter to dismiss the complaint for insufficient service of process and for failure to state a claim upon which relief can be granted. These motions arise under Rules 4 and 8, Fed.R.Civ.P. and have been contested by plaintiff.

It appears that plaintiffs, in accordance with Rule 4(d)(7), Fed.R.Civ.P., attempted to serve Slawter, pursuant to Rule 4.1, Ohio Rules of Civil Procedure. The Ohio rule allows for service by certified mail “at the address set forth in the caption’’ and which in…