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TRAVELERS CAS. AND SUR. CO. OF AMERICA v. BRENNEKE

No. 06-36077.

551 F.3d 1132 (2009)

TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff-Appellee, v. Anthony Paul BRENNEKE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2009.

Attorney(s) appearing for the Case

Kim D. Stephens, Seattle, WA, for the defendant-appellant.

Jan D. Sokol and Tyler J. Storti, Portland, OR, for the plaintiff-appellee.

Before: A. WALLACE TASHIMA and MILAN D. SMITH, JR., Circuit Judges, and GEORGE H. WU, District Judge.

WU, District Judge:

The principal issue herein is the sufficiency of service under Federal Rule of Civil Procedure ("Fed. R. Civ.P.") 4(e) by the placement of the summons and complaint within a defendant's physical proximity. Appellant Anthony Paul Brenneke ("Brenneke") appeals from a summary judgment entered against him in favor of Appellee Travelers Casualty and Surety Company of America ("Travelers") in the amount of $211,300. Brenneke contends that the district...

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