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GORDON v. HUNT

Nos. 437, 438, Dockets 87-7670, 87-7696.

835 F.2d 452 (1987)

Ronald GORDON, Philip and Dorothy Korwek, Marty Finkelstein, William L. Cohn, and James G. Williams, Plaintiffs-Appellants, v. Nelson Bunker HUNT, William Herbert Hunt, Lamar Hunt, International Metals Investment, Co., Ltd., Sheik Mohammet Aboud Al-Amoudi, Sheik Ali Bin Mussalem, Feisal Ben Abdullah Al Saoud, Mahmoud Fustok, Naji Robert Nahas, Bache Halsey Stuart Shields, Inc., Bache Group, Inc., Merrill Lynch, Pierce Fenner & Smith, Inc., Conticommodity Services, Inc., Conticapital Management, Inc., ContiCapital Ltd., Norton Waltuch, Melvin Schnell, Gilion Financial, Inc., Banque Populaire Suisse, Advicorp Advisory and Financial Corporation, S.A., Commodity Exchange, Inc., the Board of Trade of the City of Chicago, ACLI International Commodity Services, Inc., Litradex Traders, S.A., and John Does 1 through 15, Defendants, Mahmoud Fustok, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 23, 1987.

Attorney(s) appearing for the Case

Vincent R. Coffey, New York City (Deutsch and Frey, New York City, of counsel), for plaintiffs-appellants.

Turner P. Smith, New York City (Curtis, Mallet-Prevost, Colt & Mosle, New York City, of counsel), for defendant-appellee.

Before OAKES, PIERCE and PRATT, Circuit Judges.

PER CURIAM:

Appeal from orders and final judgments entered by the United States District Court for the Southern District of New York, Morris E. Lasker, Judge, dismissing actions with respect to appellee Fustok by reason of the untimely service of the complaints under Fed.R.Civ.P. 4(j). Rule 4(j) provides that service of the summons and complaint must be made upon a defendant within 120 days after the filing of the complaint, unless "good cause" can be shown...

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