Legal Opinion

Petrucelli v. Bohringer & Ratzinger

Court of Appeals for the Third Circuit

Decided February 1, 1995No. 94-1425UnknownCited by 49 opinions

1Opinion of the Court

*1302OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal arises from an order dismissing a personal injury suit without prejudice after the plaintiff failed to serve a summons upon the defendant within 120 days of filing the complaint as required by Rule 4 of the Federal Rules of Civil Procedure. The issue of whether, subsequent to a recent rule change, Rule 4(m) permits a district court to extend time for service even absent a showing of good cause is one of first impression at the federal appellate level. We conclude that, under the former rule, the district court did not abuse its discretion…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. Gold Kist, Inc. v. Laurinburg Oil Company, Inc. And McNair EvansCourt of Appeals for the Third Circuit · 1985
  5. Phillip E. Beard, Trustee for Greater Pittsburgh Business Development Corp. v. Melvin A. Braunstein, an Individual, D/B/A M.A. Braunstein Co.Court of Appeals for the Third Circuit · 1990

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3Cited by49 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. United States v. Oakland Physicians Med. Ctr.Court of Appeals for the Sixth Circuit · 2022
  3. Paul Morrissey v. Alejandro MayorkasCourt of Appeals for the D.C. Circuit · 2021
  4. 325 S. 18TH STREET, LLC and BRUCE FASSETT v. PHILADELPHIA COMMUNITY DEVELOPMENT COALITION, et al.District Court, E.D. Pennsylvania · 2026
  5. Alphonso Sanders v. Dr. Prince, et al.District Court, M.D. Pennsylvania · 2025

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