William H. Pusey, and Sharon E. Pusey, His Wife v. Dallas Corporation

OPINION

PHILLIPS, Circuit Judge:

William H. and Sharon E. Pusey challenge the district court’s dismissal of their persona] injury action against Dallas Corporation (Dallas), for insufficient (untimely) service of process. The Puseys contend that Dallas waived its right to assert the insufficient service of process defense by failing to raise it in its answer to the Pu-seys’ complaint. Because we conclude that Dallas did waive its right to assert an insufficient service of process defense, we reverse.

I

On October 5, 1985 William H. Pusey was injured while using a product called “Jifflox,” which…