Carol Anita Ringrose and Frederick Ringrose v. Engelberg Huller Co., Inc., Sundstrand Corporation and White Consolidated, Inc.

*406NATHANIEL R. JONES,

Circuit Judge, concurring.

Appellees White Consolidated Industries (White) and Sundstrand Corporation (Sundstrand) were added to this action and served with process some two and one-half weeks after the statute of limitations would have run had no complaint been filed. The district court dismissed the complaint for failure to file within the applicable limitations period.1 I agree with the majority that we vacate and remand for application of Rule 15(c), Federal Rules of Civil Procedure, but I rest my conclusion on an additional ground not reached by the majority. This step…