Legal Opinion

Wayne E. Boley v. Dale Kaymark

Court of Appeals for the Third Circuit

Decided August 25, 1997No. 96-3573PublishedCited by 128 opinions

1Opinion of the Court

OPINION OF THE COURT

SCHWARZER, Senior District Judge.

The question before us is whether the district court abused its discretion in denying plaintiffs motion under Fed.R.Civ.P. 4(m) for additional time to serve process.

PROCEDURAL HISTORY

On July 6, 1993, defendant Dale Kaymark allegedly injured plaintiff Wayne E. Boley in an automobile collision in Beaver County, Pennsylvania. Almost two years later, on July 3, 1995, Boley filed a complaint in the United States District Court for the Western District of Pennsylvania. 1 Two days after filing the complaint Boley attempted to serve Kaymark by…

2Cases cited16 opinions

  1. 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
  2. MCI Telecommunications Corporation v. Teleconcepts, Incorporated, Defendant/third-Party v. Bell of Pennsylvania, Third-Party Teleconcepts, IncorporatedCourt of Appeals for the Third Circuit · 1995
  3. Lloyd Lieb, Trading as Specialized Cassettes v. Topstone Industries, Inc., and D. Robbins & Co., Inc.Court of Appeals for the Third Circuit · 1986
  4. Aida Feliciano v. Reliant Tooling Company, Ltd. And Union Special Corporation, Sun Alliance and London Insurance, LimitedCourt of Appeals for the Third Circuit · 1982
  5. Nelson v. County Of AlleghenyCourt of Appeals for the Third Circuit · 1995

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3Cited by128 opinions

  1. John A. McCurdy Jr., M.D. John A. McCurdy Jr., M.D., Facs, Inc. v. American Board of Plastic SurgeryCourt of Appeals for the Third Circuit · 1998
  2. Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
  3. Zapata v. City of New YorkCourt of Appeals for the Second Circuit · 2007
  4. Thakar v. TanCourt of Appeals for the Third Circuit · 2010
  5. Kurka v. Iowa County, IowaCourt of Appeals for the Eighth Circuit · 2010

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