DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082584P.pdf 07/02/2009 David Boyle v. American Auto Service, Inc.
U.S. Court of Appeals Case No: 08-2584
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Smith, Author, with Riley and Shepherd, Circuit Judges]
Civil case - civil procedure. Federal Rule of Civil Procedure 41(b)
applied to situation where plaintiff timely failed to serve the complaint
before the case was removed from state to federal court; the district court
did not abuse its discretion in dismissing the case based on a 44-month
delay in service as the delay was unexcused.