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CALDWELL v. MARTIN MARIETTA CORP.

No. 79-2303.

632 F.2d 1184 (1980)

Osborn Levert CALDWELL, Plaintiff-Appellant, v. MARTIN MARIETTA CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

December 15, 1980.

Attorney(s) appearing for the Case

Julius L. Williams, Orlando, Fla., for plaintiff-appellant.

Akerman, Senterfitt & Eidson, Christopher A. Detzel, Thomas C. Garwood, Jr., Orlando, Fla., for defendant-appellee.

Before HILL, KRAVITCH and HATCHETT, Circuit Judges.

HATCHETT, Circuit Judge:

When does a cause of action commence under the Federal Rules of Civil Procedure so as to toll a statute of limitations? We hold that an action commences upon the filing of a complaint, without the further requirement that plaintiff assure speedy service of process.

The facts and threshold issues in this case are clearly set out in portions of the trial court's memorandum opinion and order. It states:

"MEMORANDUM OPINION AND...

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