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MANN v. AMERICAN AIRLINES

No. 01-35803.

324 F.3d 1088 (2003)

Roderick Courtney MANN, Plaintiff-Appellant, v. AMERICAN AIRLINES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 1, 2003.

Attorney(s) appearing for the Case

Douglas R. Cloud, Tacoma, WA, for appellant Roderick C. Mann.

Kenneth R. O'Brien and Brandon Blevans, Littler Mendelson, Sacramento, CA, for appellee American Airlines, Inc.

Before: REINHARDT, W. FLETCHER, and GOULD, Circuit Judges.

GOULD, Circuit Judge.

Plaintiff-Appellant Roderick C. Mann filed a civil action within the governing statute of limitations but then did not serve process within 120 days of filing, as required (absent time extension) by Fed. R.Civ.P. 4(m). Mann then moved for an extension of time to serve Defendant-Appellee American Airlines, was granted additional time by the district court, and effected service within the judicially extended time. We consider (1) whether the failure...

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