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DESPAIN v. SALT LAKE AREA METRO GANG UNIT

No. 93-4051.

13 F.3d 1436 (1994)

Ronald DESPAIN, Plaintiff-Appellant, and Jamilyn Mellen, Plaintiff, v. SALT LAKE AREA METRO GANG UNIT; Bureau of Alcohol, Tobacco and Firearms; Robert Swehla, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 10, 1994.

Attorney(s) appearing for the Case

Kent L. Fillmore, Salt Lake City, UT, for plaintiff-appellant.

Frank W. Hunger, Asst. Atty. Gen., Rich D. Parry, U.S. Atty., Salt Lake City, UT, Barbara L. Herwig and Patricia A. Millett, Attys., Appellate Staff, Civil Div., Dept. of Justice, Washington, DC, for defendants-appellees.

Before MOORE and BRORBY, Circuit Judges, and VRATIL, District Judge.

BRORBY, Circuit Judge.

Plaintiffs appeal the order of the district court dismissing their claims for lack of timely service of process. Because plaintiffs did not serve the summons and complaint within the 120-day period provided for in Fed. R.Civ.P. 4(j), and because no good cause has been shown for this failure, we affirm.1

Plaintiffs originally sued unknown local law enforcement personnel and unknown agents of the Bureau of...

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