Legal Opinion

Toby J. Espinoza v. United States

Court of Appeals for the Tenth Circuit

Decided April 4, 1995No. 94-1438PublishedCited by 344 opinions

1Opinion of the Court

HENRY, Circuit Judge.

The plaintiff-appellant in this case, Toby Espinoza, appeals the district court’s dismissal without prejudice of his claim against the United States. The district court held that Mr. Espinoza had failed to timely effect service of the summons and complaint under Fed.R.Civ.P. 4. Because we hold that the 1993 amendments to the Federal Rules of Civil Procedure substantially expanded the scope of the district court’s discretion under this rule, and because the new rule should have been applied to Mr. Espinoza’s claim, we remand the case for reconsideration of the government’s…

2Cases cited7 opinions

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
DiCesare v. StuartCourt of Appeals for the Tenth Circuit · 1993
Ronald Despain, and Jamilyn Mellen v. Salt Lake Area Metro Gang Unit Bureau of Alcohol, Tobacco and Firearms Robert SwehlaCourt of Appeals for the Tenth Circuit · 1994
Burt v. WareCourt of Appeals for the Fifth Circuit · 1994
Federal Deposit Insurance Corporation v. CanfieldCourt of Appeals for the Tenth Circuit · 1992

2 more not listed; retrieve them via the Exa API.

3Cited by344 opinions

Ledbetter v. City of Topeka, KSCourt of Appeals for the Tenth Circuit · 2003
Zapata v. City of New YorkCourt of Appeals for the Second Circuit · 2007
Jeannie A. Horenkamp v. Van Winkle & Co., Inc.Court of Appeals for the Eleventh Circuit · 2005
Tina M. Lepone-Dempsey v. Carroll County Comm'rsCourt of Appeals for the Eleventh Circuit · 2007
Thompson v. BrownCourt of Appeals for the Fifth Circuit · 1996

339 more not listed; retrieve them via the Exa API.