James Powell, Jr. v. Donald Starwalt
Court of Appeals for the Seventh Circuit
1Opinion of the Court
EASTERBROOK, Circuit Judge.
James Powell, Jr., filed this diversity suit in June 1986 against Donald Starwalt, his former employer. A plaintiff has 120 days to serve a copy of the complaint on the defendant:
If a service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice....
Fed.R.Civ.P. 4(j). The district judge dismissed this case on December…
2Cases cited12 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
- West v. ConrailSupreme Court of the United States · 1987
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3Cited by55 opinions
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- W. Foster Sellers v. United States of AmericaCourt of Appeals for the Seventh Circuit · 1990
- Arthur M. Herman v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1989
- Ann Williams-Guice v. Board of Education of the City of ChicagoCourt of Appeals for the Seventh Circuit · 1995
- In the Matter of Gladys E. Shondel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1991
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