Mary Recide, on Behalf of Herself and on Behalf of All Others Similarly Situated v. Elliott Richardson, Secretary of Health, Education and Welfare

Ninth Circuit

Mary Recide, on Behalf of Herself and on Behalf of All Others Similarly Situated v. Elliott Richardson, Secretary of Health, Education and Welfare

446 F.2d 1404, 1971 U.S. App. LEXIS 8517

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 16, 1971

Docket71-1178

StatusPublished

This text of 446 F.2d 1404 (Mary Recide, on Behalf of Herself and on Behalf of All Others Similarly Situated v. Elliott Richardson, Secretary of Health, Education and Welfare) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mary Recide, on Behalf of Herself and on Behalf of All Others Similarly Situated v. Elliott Richardson, Secretary of Health, Education and Welfare, 446 F.2d 1404, 1971 U.S. App. LEXIS 8517 (9th Cir. 1971).

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Opinion

*1405 PER CURIAM:

In our view the Complaint, Summons, Memorandum of Authorities, Order and Application for the Convening of a Three-Judge Court should be deemed filed in the District Court on September 16, 1970, the date on which they were originally tendered for filing, since rejection of filing on that date was unwarranted.

The filing was, then, timely and dismissal of the case was error.

Reversed and remanded with instructions that the order of dismissal be vacated, the filing date of the documents in question be shown as September 16, 1970, and for further proceedings.

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*1405 PER CURIAM:

In our view the Complaint, Summons, Memorandum of Authorities, Order and Application for the Convening of a Three-Judge Court should be deemed filed in the District Court on September 16, 1970, the date on which they were originally tendered for filing, since rejection of filing on that date was unwarranted.

The filing was, then, timely and dismissal of the case was error.

Reversed and remanded with instructions that the order of dismissal be vacated, the filing date of the documents in question be shown as September 16, 1970, and for further proceedings.

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Bluebook (online)

446 F.2d 1404, 1971 U.S. App. LEXIS 8517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mary-recide-on-behalf-of-herself-and-on-behalf-of-all-others-similarly-ca9-1971.