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GOETZ v. SYNTHESYS TECHNOLOGIES, INC.

No. 04-50971.

415 F.3d 481 (2005)

Stephanie GOETZ, Individually and on Behalf of All Others Similarly Situated, Kevin McGill, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellees, v. SYNTHESYS TECHNOLOGIES, INC., et al., Defendants, Enrique F. Gittes, also known as Harry Gittes, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 1, 2005.

Attorney(s) appearing for the Case

Sandra Krider (argued), Edwards & George, William David George, The George Law Firm, Houston, TX, for Goetz and McGill.

Kurt Howard Kuhn (argued), Virginia Katherine Hoelscher, Brown McCarroll, Austin, TX, for Gittes.

Before GARWOOD, SMITH and CLEMENT, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

In this appeal, we confront the res nova issue in this circuit regarding the application of New York's method of substituted service known as "nail-and-mail," N.Y. C.P.L.R. § 308(4). The district court, finding that service was proper because the statute was properly applied and service did not violate due process, rejected defendant Enrique Gittes's motion under Federal Rule of...

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