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LOVELACE v. ACME MARKETS, INC.

No. 86-1690.

820 F.2d 81 (1987)

Sheldon LOVELACE, Appellant, v. ACME MARKETS, INC.

United States Court of Appeals, Third Circuit.

Decided May 29, 1987.

Rehearing and Rehearing Denied July 13, 1987.

Attorney(s) appearing for the Case

Harvey L. Anderson (argued), Fine and Staud, Philadelphia, Pa., for appellant.

Herbert G. Keene, Jr. (argued), Stephen C. Baker, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for appellee.

Before GIBBONS, Chief Judge, MANSMANN, Circuit Judge, and McCUNE, District Judge.

Rehearing and Rehearing En Banc Denied July 13, 1987.

OPINION OF THE COURT

GIBBONS, Chief Judge:

This appeal presents a question concerning the interrelationship between Fed.R.Civ.P. 4(c)(2)(B)(iii) and the 120-day period permitted by Fed.R.Civ.P. 4(j) to effect service of process. We must determine whether the district court properly concluded that the plaintiff's reliance upon the representation of a specially-appointed process server, that service...

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