ANAHEIM, Calif. -- A process server tried and failed to hand New York Yankees outfielder David Justice a subpoena in a $5 million palimony suit during the eighth inning of the game Sunday against the Anaheim Angels.

	Justice

A pinch-runner was assigned and Justice was trotting back to the dugout when a process server of attorney Marvin Mitchelson attempted to hand the papers to the outfielder. The papers fell to the ground and were picked up by an unidentified person. It wasn't known if Justice was given the documents.

The Angels defeated the Yankees 7-6 in 10 innings.

"The guy scared the hell out of me," Justice said after the game. "... I didn't even see him (approaching)."

Justice declined to comment on the papers, saying "there's nothing pending against me in court."

Mitchelson filed a breach-of-contract lawsuit Friday in U.S. District Court in Los Angeles after a Los Angeles Superior Court threw it out on grounds that it should have been filed in Ohio, the former home of plaintiff Nicole J. Foster. A move to federal court allows someone from another state to sue.

Mitchelson said servers had been staking out Justice the last few days.

"He was ducking service and we had to get him served," Mitchelson said.

Justice and Foster, 26, became engaged April 4, 1999. David Jr. was born Dec. 27, 1999, but the relationship reportedly broke off in early 2000.

The suit contends Justice had promised he would always provide financially for Foster. But last year, according to the lawsuit, Justice had Foster and the toddler thrown out of the Cincinnati home they had shared with him for two years.

Justice, 35, the former husband of actress Halle Berry, has called the allegations untruthful and accused Foster of suing "to further her own personal financial position."