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FAILE v. UPJOHN CO.

No. 91-16938.

988 F.2d 985 (1993)

Brian S. FAILE, Plaintiff-Appellant, v. The UPJOHN COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 18, 1993.

Attorney(s) appearing for the Case

Brian S. Faile, in pro per.

Daniel F. Polsenberg, Beckley, Singleton, DeLanoy, Jemison & List, Las Vegas, NV, for defendant-appellee.

Before: GOODWIN, D.W. NELSON, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

This case requires us to decide whether an incarcerated pro se litigant completes "service" of discovery responses at the time he submits the responses to prison authorities for forwarding to the party being served. We hold that he does, and reverse and remand.

I

Brian S. Faile alleges that his use of the prescription drug Xanax, manufactured by defendant The Upjohn Company ("Upjohn"), resulted in depression and violent...

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