032939P.pdf   08/03/2004  Paracelsus  v.  Philips Medicsl
   U.S. Court of Appeals Case No:  03-2939
   District of North Dakota   
   Civil case - Civil procedure. District court did not err in granting 
   summary judgment for Philips, a Dutch corporation, on ground it was not 
   served before the applicable North Dakota statute of limitations had 
   expired; service was not complete under N.D. Cent. Code Sec. 28-01-38 
   when the suit papers were delivered to the Central Authority established 
   by the Hague Convention for service on Philips as that statutory section 
   does not cover service to the Central Authority; delivery of documents to 
   the Central Authority did not toll the statute of limitations under N.D. 
   Cent. Code Sec. 28-01-29 because there were alternatives to service by 
   the Central Authority, and the Hague Convention did not act as positive 
   rule of law preventing plaintiff from bringing suit; plaintiff failed to 
   establish grounds for equitably tolling the statute of limitations as it did 
   not act promptly and failed to act reasonably when it ignored the 
   alternative methods of service allowed under the Hague Convention. 
   [PUBLISHED] [Bye, Author, with Wollman and Hansen, Circuit Judges]