Segui v. O'Rourke
This text of 328 F.2d 965 (Segui v. O'Rourke) 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.
Opinion
Maria Teresa Cruz SEGUI, as next friend on behalf of Digna Luz Ortiz, an infant, and Hector Luis Ortiz, an infant, Appellant,
v.
Ruth Snow Burns O'ROURKE and John P. O'Rourke, Appellees.
No. 18835.
United States Court of Appeals Ninth Circuit.
March 3, 1964.
Fitzsimmons & Petris, Edward R. Fitzsimmons, and Ruth S. Harwitz, Oakland, Cal., for appellants.
Schwab & Kant, and Oliver Schwab, Beverly Hills, Cal., for appellees.
Before BARNES, HAMLEY and BROWNING, Circuit Judges.
PER CURIAM.
The record discloses no responsive pleading had been filed when this action was dismissed. Rule 15(a), Federal Rules of Civil Procedure is applicable. Cf. Breier v. Northern California Bowling Proprietors Ass'n, 9 Cir. 1963, 316 F.2d 787.
The judgment of dismissal is reversed, and the action remanded with leave to plaintiffs to amend, if they so desire.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
328 F.2d 965, 1964 U.S. App. LEXIS 6183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/segui-v-orourke-ca9-1964.