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U.S. FOR USE AND BENEFIT OF DeLOSS v. KENNER GENERAL

No. 84-6068.

764 F.2d 707 (1985)

UNITED STATES for the Use and Benefit of Tyrone E. Deloss dba T.E. Deloss Equipment Rentals, Plaintiff-Appellant, v. KENNER GENERAL CONTRACTORS, INC. and Universal Surety Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 27, 1985.

As Amended August 13, 1985.

Attorney(s) appearing for the Case

Dolores Cordell, Clark & Trevithick, Los Angeles, Cal., for plaintiff-appellant.

Richard S. Busch, Anderson, McPharlin & Conners, Los Angeles, Cal., for defendants-appellees.

Before BROWNING and NORRIS, Circuit Judge; and SOLOMON, District Judge.

NORRIS, Circuit Judge:

Federal Rule of Civil Procedure 4(j) provides:

If a service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative...

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