Court of Appeals for the Third Circuit September 22, 1998, 97-1971 (John A. McCurdy Jr., M.D. John A. McCurdy Jr., M.D., Facs, Inc. v. American Board of Plastic Surgery)

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.