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JOHNSON v. U.S. POSTAL SERVICE

No. 86-2780.

861 F.2d 1475 (1988)

Jerrald M. JOHNSON, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 15, 1989.

Attorney(s) appearing for the Case

Brian E. Bates (Thomas L. Roberts, of Pryor, Carney and Johnson, P.C., Englewood, Colo., with him on the brief), of Pryor, Carney and Johnson, P.C., Englewood, Colo., for plaintiff-appellant.

Jerry R. Atencio (Robert N. Miller, U.S. Atty., and Colleen L. Conlin, Asst. U.S. Atty., Denver, Colo., with him on the brief), Asst. U.S. Atty., Denver, Colo., for defendant-appellee.

Before McKAY, McWILLIAMS and TACHA, Circuit Judges.

TACHA, Circuit Judge.

This appeal is from a grant of summary judgment in favor of defendant on the grounds of lack of jurisdiction. The issue on appeal is whether the federal rules allow the plaintiff to amend his complaint in order to correct a failure to name or serve the correct party defendant within the statutory limitations period. Because we hold that the federal rules do not so allow, we hold that the action should be dismissed for failure to state a claim...

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