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FRASCA v. U.S.

No. 73, Docket 90-6075.

921 F.2d 450 (1990)

Norma FRASCA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 18, 1990.

Attorney(s) appearing for the Case

Tracy J. Harkins, Gramer & Melbardis, Coram, N.Y. (W. Alexander Melbardis, of counsel), for plaintiff-appellant.

Jody Kasten, Asst. U.S. Atty., E.D.N.Y. (Andrew J. Maloney, U.S. Atty. E.D.N.Y.), for defendant-appellee.

Before FEINBERG and CARDAMONE, Circuit Judges, and RE, Chief Judge.

RE, Chief Judge:

Plaintiff-appellant, Norma Frasca, appeals from a judgment of the United States District Court for the Eastern District of New York, granting the motion to dismiss of the defendant-appellee, the United States, for failure properly to serve the United States within 120 days of the filing of the complaint, as required by Rule 4(j) of the Federal Rules of Civil Procedure.

On appeal, Frasca contends that the district court erred in granting the...

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