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MENDEZ v. ELLIOT

No. 94-1529.

45 F.3d 75 (1995)

Elpidio MENDEZ, Plaintiff-Appellant, v. Richard N. ELLIOT, individually and in his official capacity; The City of Gaithersburg, Maryland; Montgomery County, Maryland, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 25, 1995.

Attorney(s) appearing for the Case

ARGUED: Laurence Samuel Kaye, Rockville, MD, for appellant. Edward Barry Lattner, Asst. County Atty., Rockville, MD, for appellees. ON BRIEF: Stephen F. Allen, Stephen F. Allen, P.C., Rockville, MD, for appellant. Joyce R. Stern, County Atty., Linda B. Thall, Sr. Asst. County Atty., Rockville, MD, for appellee Montgomery County; Paul T. Cuzmanes, Samuel M. Riley, Wilson, Elser, Moskowitz, Edelman & Dicker, Baltimore, MD, for appellees Elliot and The City of Gaithersburg.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and HARGROVE, Senior United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MURNAGHAN and Senior Judge HARGROVE joined.

OPINION

NIEMEYER, Circuit Judge:

The district court dismissed this case without prejudice under Federal Rule of Civil Procedure 4(j), now renumbered as Rule 4(m), because the plaintiff failed to serve any defendant within 120 days after the complaint was filed. Plaintiff contends...

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