Alexander Blaney v. Togo D. West, Jr., Secretary of the Department of the Army
Court of Appeals for the Seventh Circuit
1Opinion of the Court
ILANA DIAMOND ROVNER, Circuit Judge.
Alexander Blaney filed an age discrimination suit against the Department of the Army, but failed to . properly serve the defendant. The district court dismissed the case sua sponte because of the service defect. Blaney sought to correct the problem by refiling and reserving the suit, but the statute of limitations had passed, and that suit was dismissed as well. Blaney followed up with a Rule 60(b)(4) motion for the first suit, claiming the judgment was void because he had not received notice before the court entered the dismissal. The district court denied…
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