Lacina v. G-K Trucking

ORDER PER CURIAM: Pursuant to an Order by the United States Supreme Court dated June 22, 1987, _ U.S. _ , 107 S.Ct. 3224 , 97 L.Ed.2d 731 , the judgment of this court filed on October 21,1986, as amended on December 30,1986, is VACATED and this case is REMANDED for further proceedings in light of West v. Conrail, _ U.S. _, 107 S.Ct. 1538 , 95 L.Ed.2d 32 (1987). We note that in West , each defendant “acknowledged service on dates” within the requirements of Rule 4(j) of the Federal Rules of Civil Procedure. Id. at 1540 . On remand the district court should therefore consider what effect, if any, the plaintiffs’ failure to secure service of the first complaint has on the outcome. See id. at 1541 , 1542 nn. 5-7 (holding that the service requirements of Rule 4(j) apply to complaints which toll the statute of limitations). The motion to recall the mandate is DENIED as moot.