BARLOW v. GROUND

No. 93-55339.

39 F.3d 231 (1994)

Brian BARLOW, Plaintiff-Appellant, v. George GROUND, Officer # 9129; L.O. Oberlies, Officer # 1706; A. Tucker, Officer # 9363; Ray Shay, Officer # 3269, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1994.


Attorney(s) appearing for the Case

George Weingarten, San Diego, CA, for plaintiff-appellant.

James M. Chapin, Deputy City Atty., San Diego, CA, for defendants-appellees.

Before: WALLACE, Chief Judge, REINHARDT, Circuit Judge, and TANNER, District Judge.


WALLACE, Chief Judge:

The estate of Brian Barlow appeals from an order of the district court dismissing Barlow's civil rights action for failure to substitute the estate within the 90 day period provided by Federal Rule of Civil Procedure 25(a)(1). The district court had jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343, and we have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We reverse and remand.

I

Barlow was...

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