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LUCAS v. NATOLI

No. 90-55072.

936 F.2d 432 (1991)

Janet LUCAS, personally and as the personal representative of the Estate of Andrew Robert Lucas and as Guardian for Mark Andrew Lucas and Deborah Lynn Lucas, Plaintiff-Appellee, v. Innocenzo NATOLI, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 17, 1991.

As Amended September 9, 1991.

Attorney(s) appearing for the Case

Hugh Richard Koss, Lillick & Charles, San Francisco, Cal., for defendants-appellants.

Earl P. Dolven, Phillips Greenberg, Dolven & Strain, San Francisco, Cal., George E. Moore, Oliver, Sloan, Moore, Vargas, McMillan, Jacobs & Pico, Pasadena, Cal., for plaintiff-appellee.

Before NORRIS, HALL and TROTT, Circuit Judges.

PER CURIAM:

This is an interlocutory appeal certified under 28 U.S.C. § 1292(b). Appellants, who were named as defendants in a civil action filed in the United States District Court for the Southern District of California, were served in a foreign country eleven months after the complaint was filed. The question certified for this appeal is whether the requirement of Fed.R.Civ.P. 4(j) that the complaint be served within 120 days after filing applies to service...

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