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United States Tenth Circuit


Constien v. US, 10-6153

In plaintiff's appeal from the dismissal of her suit against the U.S. and several agencies and officials for failure to serve them with process in accordance with Federal Rule of Civil Procedure 4, the order is affirmed where the only proper service effected by plaintiff was service by a deputy marshal on a U.S. attorney, but even if plaintiff was a proper person to receive service, no defendant was properly served because service on each required service by mail on the Attorney General, and the only mailing of process to the Attorney General had been by plaintiff herself, not by a nonparty, as required by Rule 4(c).

Appellate Information

  • Decided 12/09/2010
  • Published 12/09/2010

Judges

  • Harris Hartz

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Virginia Kaye Constien, Sanford C. Coats

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