U.S. Court of Appeals for the Fifth Circuit, 1986

Charles A. George v. U.S. Department of Labor, Occupational Safety & Health Administration

Charles A. George v. U.S. Department of Labor, Occupational Safety & Health Administration
U.S. Court of Appeals for the Fifth Circuit · Decided May 5, 1986 · Gee, Randall, Davis
788 F.2d 1115; 1986 U.S. App. LEXIS 24786 (Federal Reporter, Second Series)

Charles A. George v. U.S. Department of Labor, Occupational Safety & Health Administration

Opinion

PER CURIAM:

The district court enjoys a broad discretion in determining whether to dismiss an action for ineffective service of process, as it did in this instance. C & L Farms v. Federal Crop Insurance Corp., 771 F.2d 407 (8th Cir. 1985). It is undisputed that in this attempted action against the United States, the appellant failed to serve the Attorney General, as required by Rule 4(d)(4), Federal Rules of Civil Procedure. In view of this, we cannot say that the district court abused its discretion.

AFFIRMED.

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