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SCHNABEL v. WELLS

No. 90-8293.

922 F.2d 726 (1991)

J. Richard SCHNABEL, Plaintiff-Appellant, v. Jonathan Ray WELLS, James Pickerel, Joyce Pickerel, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 28, 1991.

Attorney(s) appearing for the Case

Eugene Novy, Robert Craig Henderson, Novy & James, Atlanta, Ga., for plaintiff-appellant.

Robert Malcolm Darroch, Jay Lane Drew, Elizabeth A. Obenshain, Emory A. Wilkerson, Darroch & Obenshain, Atlanta, Ga., for defendants-appellees.

Before TJOFLAT, Chief Judge, DUBINA, Circuit Judge, and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge:

Plaintiff Richard Schnabel appeals from judgment in favor of the defendant, Jonathan Wells, for failure to serve process within the time required by Federal Rule of Civil Procedure 4(j). For the reasons that follow, WE AFFIRM.

I. BACKGROUND

Schnabel filed suit against Wells on December 9, 1988, two days before the expiration of the statute of limitations, for personal injuries arising out of an automobile accident...

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