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DIAZ v. SHALLBETTER

No. 92-1344.

984 F.2d 850 (1993)

Enrique DIAZ, Plaintiff-Appellant, v. Dennis SHALLBETTER, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 28, 1993.

Attorney(s) appearing for the Case

Kenneth N. Flaxman (argued), Chicago, IL, for plaintiff-appellant.

Timothy J. Frenzer, Joseph Polick, Jean Dobrer (argued), Kelly R. Welsh, Benna R. Solomon, Office of the Corporation Counsel, Chicago, IL, for defendant-appellee.

Before COFFEY and EASTERBROOK, Circuit Judges, and LAY, Senior Circuit Judge.

EASTERBROOK, Circuit Judge.

Two years to the day after being shot by a police officer in Chicago, Enrique Diaz filed suit against John Shullbetter. An attempt to serve process was unsuccessful; there is no such person (at least not in Chicago). Diaz amended his complaint to name Dennis Shallbetter, who claimed shelter from the statute of limitations. The version of Fed.R.Civ.P. 15(c) governing in February 1991, when Diaz...

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