[Download] "Espinoza V. United States" by United States Court of Appeals for the Tenth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Espinoza V. United States
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 04, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The plaintiff-appellant in this case, Toby Espinoza, appeals the district court's dismissal without prejudice of his claim against the United States. The district court held that Mr. Espinoza had failed to timely effect service of the summons and complaint under Fed. R. Civ. P. 4. Because we hold that the 1993 amendments to the Federal Rules of Civil Procedure substantially expanded the scope of the district court's discretion under this rule, and because the new rule should have been applied to Mr. Espinoza's claim, we remand the case for reconsideration of the government's motion to dismiss.

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