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NETWIG v. GEORGIA-PACIFIC CORP.

Nos. 03-3030, 03-3210.

375 F.3d 1009 (2004)

Brian NETWIG, Plaintiff-Appellant, v. GEORGIA-PACIFIC CORPORATION and Willamette Industries, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 9, 2004.

Attorney(s) appearing for the Case

Patrick R. Miller of Ullman, Dezube & Miller, PA., Overland Park, KS, for Plaintiff-Appellant.

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, Overland Park, KS, for Defendant-Appellee Georgia-Pacific Corporation, and Nikki Cannezzarro (John E. Franke on the brief) of Franke, Schultz & Mullen, P.C., Kansas City, MO, for Willamette Industries, Inc.

Before SEYMOUR, McKAY, and TYMKOVICH, Circuit Judges.

McKAY, Circuit Judge.

In this appeal, we address a court's jurisdiction to reinstate a case after a plaintiff voluntarily dismisses it under Fed. R.Civ.P. 41(a). Appellant was injured while installing plumbing lines that Appellees manufactured and distributed. He timely filed a complaint in the District of Kansas, where the injury occurred, but failed to serve Appellees within Kansas' two-year statute of limitations period. Upon service, Appellees filed motions to...

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