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IN RE COOPER

No. 92-2758.

971 F.2d 640 (1992)

In re Tom C. COOPER and, Associates Financial Services Company, Inc., Petitioners.

United States Court of Appeals, Eleventh Circuit.

August 18, 1992.

Attorney(s) appearing for the Case

Sylvia H. Walbolt, James R. Wiley, Cathleen G. Bell, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, Fla. (Janet S. Rasch, Sr. Atty., Associates Corp. of North America, Dallas, Tex., of counsel), for petitioners.

Robert G. Walker, Holloway & Walker, Clearwater, Fla., for appellees.

Before TJOFLAT, Chief Judge, BIRCH and DUBINA, Circuit Judges.

BY THE COURT:

The petition for a writ of mandamus is GRANTED. The district court is DIRECTED to dismiss this action pursuant to Fed. R.Civ.P. 4(j).

The complaint in this employment discrimination suit was filed on November 27, 1991. The plaintiffs indisputably failed to serve the complaint on the defendants within the 120 days allowed by the federal rules. See id. Accordingly, dismissal was required unless...

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