Sylvia P. Fimbres Abel Fimbres Frank Armijo, Sr. v. United States

CYNTHIA HOLCOMB HALL, Circuit Judge:

Plaintiffs, Sylvia P. Fimbres, Abel Fim-bres, and Frank Armijo, brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. (1982) (the “Act”). The district court dismissed their action without prejudice pursuant to Fed.R.Civ.P. 4(j) for failure to serve the complaint and summons within 120 days after filing their complaint. Plaintiffs timely appeal the dismissal. We affirm.

I

On May 14, 1985, plaintiffs filed a complaint against the United States under the Act, seeking damages against the Veterans Administration…