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BLANEY v. WEST

No. 99-1524.

209 F.3d 1027 (2000)

Alexander BLANEY, Plaintiff-Appellant, v. Togo D. WEST, Jr., Secretary of the Department of the Army, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 12, 2000.

As Amended April 26, 2000.

Attorney(s) appearing for the Case

Thomas J. McClure (argued), Delafield, WI, for Plaintiff-Appellant.

Mel S. Johnson (argued), Thomas P. Schneider, Office of the United States Attorney, Milwaukee, WI, for Defendant-Appellee.

Before POSNER, Chief Judge, COFFEY and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Alexander Blaney filed an age discrimination suit against the Department of the Army, but failed to properly serve the defendant. The district court dismissed the case sua sponte because of the service defect. Blaney sought to correct the problem by refiling and reserving the suit, but the statute of limitations had passed, and that suit was dismissed as well. Blaney followed up...

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