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United States Ninth Circuit


Avery v. First Res. Mgmt. Corp., 07-35726

In a Fair Debt Collection Practices Act (FDCPA) action based on Defendants' alleged attempt to collect a time-barred debt, summary judgment for Defendants is affirmed where the underlying debt was not time-barred, because the New Hampshire statute of limitations was tolled while Plaintiff could not be served within the state.

Appellate Information

  • Argued 03/04/2009
  • Decided 05/22/2009
  • Published 05/22/2009

Judges

  • MILAN D. SMITH, JR., Circuit Judge:, Before:  SUSAN P. GRABER, RAYMOND C. FISHER and MILAN D. SMITH, JR., Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Danny H. Gerlt, Portland, OR, for the plaintiff-appellant.

  • For Appellees:
  • David A. Jacobs, Luvaas Cobb, Daniel N. Gordon P.C., Eugene, OR, for the defendants-appellees.
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