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ESPINOZA v. U.S.

No. 94-1438.

52 F.3d 838 (1995)

Toby J. ESPINOZA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 4, 1995.

Attorney(s) appearing for the Case

Toby J. Espinoza, pro se.

Henry L. Solano, U.S. Atty., Michael E. Hegarty, Asst. U.S. Atty., Denver, CO, for defendant-appellee.

Before SEYMOUR, Chief Judge, McKAY and HENRY, Circuit Judges.

HENRY, Circuit Judge.

The plaintiff-appellant in this case, Toby Espinoza, appeals the district court's dismissal without prejudice of his claim against the United States. The district court held that Mr. Espinoza had failed to timely effect service of the summons and complaint under Fed.R.Civ.P. 4. Because we hold that the 1993 amendments to the Federal Rules of Civil Procedure substantially expanded the scope of the district court's discretion under this rule, and...

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