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BENNY v. PIPES

No. 85-2347.

799 F.2d 489 (1986)

Steve BENNY, Plaintiff-Appellee, v. Danny PIPES and Charles Payne, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 5, 1986.

Attorney(s) appearing for the Case

James T. Bialac, Phoenix, Ariz., for plaintiff-appellee.

Ronald J. Greenhalgh, Asst. Atty. Gen., Phoenix, Ariz., for defendants-appellants.

Before PREGERSON, POOLE and JOHN T. NOONAN, Circuit Judges.

PREGERSON, Circuit Judge:

This case requires us to decide the breadth of Fed.R.Civ.P. 4. Two prisoners filed suit against several prison guards. A fellow prisoner served the summonses and complaints. Because the guards failed to answer the complaint, the district court entered a default judgment against them, and later awarded damages to one prisoner. The guards argue that a summons and complaint served by a prisoner is invalid under Fed.R.Civ.P. 4. They also argue...

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