Legal Opinion

Netwig v. Georgia-Pacific Corp.

Court of Appeals for the Tenth Circuit

Decided July 9, 2004No. 03-3030, 03-3210PublishedCited by 30 opinions

1Opinion of the Court

McKAY, Circuit Judge.

In this appeal, we address a court’s jurisdiction to reinstate a case after a plaintiff voluntarily dismisses it under Fed. R.Civ.P. 41(a). Appellant was injured while installing plumbing lines that Appel-lees manufactured and distributed. He timely filed a complaint in the District of Kansas, where the injury occurred, but failed to serve Appellees within Kansas’ two-year statute of limitations period. Upon service, Appellees filed motions to dismiss for failure to effect service. Apparently recognizing his error, Appellant filed a notice of voluntary dismissal pursuant…

2Cases cited4 opinions

  1. Duke Energy Trading and Marketing, L.L.C. v. Gray Davis, Governor of the State of California, and California Power Exchange CorporationCourt of Appeals for the Ninth Circuit · 2001
  2. Janssen v. HarrisCourt of Appeals for the Tenth Circuit · 2003
  3. Plaza Speedway Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 2002
  4. Noland v. Flohr Metal Fabricators, Inc.District Court, D. Alaska · 1984

3Cited by30 opinions

  1. Yesh Music v. Lakewood ChurchCourt of Appeals for the Fifth Circuit · 2013
  2. Schmier v. McDonald's LLCCourt of Appeals for the Tenth Circuit · 2009
  3. Sealy, L.L.C. v. BanksSupreme Court of Alabama · 2004
  4. Greene v. Town of Cedar BluffSupreme Court of Alabama · 2007
  5. Ex Parte Scannelly, 1100226 (Ala. 6-30-2011)Supreme Court of Alabama · 2011

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