Eric Eide, Plaintiff-appellee, v. County of San Diego; Leo Foligno; and Does 1 Through 30,inclusive, Defendants-appellants, 51 F.3d 279 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 51 F.3d 279 (9th Cir. 1995) Submitted March 21, 1995. *Decided April 4, 1995

Before: SNEED, POOLE, and BRUNETTI, Circuit Judges.


The County of San Diego and Leo Foligno appeal the district court's denial of their motion to dismiss Foligno for Eide's failure to serve Foligno within 120 days as required by Fed. R. Civ. P. 4(j). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we review for abuse of discretion, Puett v. Blandford, 912 F.2d 270, 273 (9th Cir. 1990).

We affirm for the reasons the district court articulated during its February 16, 1993 hearing, and award Eide reasonable attorneys fees and costs on appeal.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4. Accordingly, we deny appellants' request for oral argument


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3