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01-3117 Coleman v. Milwaukee Board of School Directors

By: dmc-admin//May 28, 2002//

01-3117 Coleman v. Milwaukee Board of School Directors

By: dmc-admin//May 28, 2002//

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“The judge understandably was troubled by the fact that the plaintiff had delayed till almost the last minute in attempting service and then had failed not once but twice to serve the defendant in the manner prescribed by Rule 4(j)(2). The plaintiff’s lawyer could not reasonably have believed that she was serving the president of the Board even if she mistakenly believed that he was the Board’s chief executive officer, or that she was serving the Superintendent of Schools when she attempted to serve an employee of the Board, the Board and the Superintendent being separate entities. In both attempts at service, the complaint and summons were deposited with employees in subordinate units of the Board, not in the office of the president of the Board, let alone in any office subordinate to the Superintendent of Schools.”

Affirmed.

Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Posner, J.

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