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

Court of Appeals for the Ninth Circuit·Decided August 16, 1971·No. 71-1178·Published

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.

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).

Pincite

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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.