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CALDWELL v. AMEND

Nos. 92-35485, 93-35974.

30 F.3d 1199 (1994)

Lawrence Daniel CALDWELL, Plaintiff-Appellant, v. Michael E. AMEND and Don M. Lamb, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 27, 1994.

Attorney(s) appearing for the Case

Lawrence Daniel Caldwell, pro se.

Herbert C. Sundby, Asst. U.S. Atty., Portland, OR, for defendants-appellees.

Before: CHOY, GOODWIN and SKOPIL, Circuit Judges.

CHOY, Circuit Judge:

Appellant Lawrence D. Caldwell, a prisoner incarcerated at the federal penitentiary in Lewisburg, Pennsylvania, appeals pro se from the district court's ruling that his motion for judgment N.O.V. was untimely. We reverse and remand.

I. BACKGROUND

In 1987, Caldwell brought a civil action alleging that Appellees, U.S. Marshals, damaged personal property confiscated during a search of Caldwell's home. On January 29, 1992...

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