Legal Opinion

McClellon v. Lone Star Gas Co.

Court of Appeals for the Fifth Circuit

Decided October 11, 1995No. 95-10027PublishedCited by 54 opinions

1Opinion of the Court

STEWART, Circuit Judge:

Cheryl D. McClellon appeals the district court judgment dismissing her complaint with prejudice. The issue presented herein is whether the appellant’s amended complaint filed on June 29, 1994 related back to the deficient complaint filed on May 27,1994, within the 90 day period provided in 42 U.S.C. § 2000e-5(F)(1) for filing an appeal after issuance of an Equal Employment Opportunity Commission (“EEOC”) determination letter. We find that the amended complaint did relate back to the deficient complaint. For this reason, we reverse the district court’s judgment which…

2Cases cited11 opinions

  1. Leslie Wayne Yohey v. James A. Collins, Director Department of Criminal Justice Institutional DivisionCourt of Appeals for the Fifth Circuit · 1993
  2. Alex John, Jr. v. State of Louisiana (Board of Trustees for State Colleges and Universities)Court of Appeals for the Fifth Circuit · 1985
  3. Mitchell v. E-Z Way Towers, Inc.Court of Appeals for the Fifth Circuit · 1959
  4. Cynthia Gilardi v. Gary Schroeder, D/B/A Gary Schroeder TruckingCourt of Appeals for the Seventh Circuit · 1987
  5. Raul Loya v. Desert Sands Unified School District, a Governmental Agency & Harold SchoenfeldCourt of Appeals for the Ninth Circuit · 1983

6 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. Ronald Ross v. WilliamsCourt of Appeals for the Ninth Circuit · 2020
  2. Hooker v. SivleyCourt of Appeals for the Fifth Circuit · 1999
  3. Farzana K., Individually and as Next Friend of S.K. v. Indiana Department of EducationCourt of Appeals for the Seventh Circuit · 2007
  4. United States v. HealthSouth Corp.Court of Appeals for the Fifth Circuit · 2003
  5. Dielsi v. FalkDistrict Court, C.D. California · 1996

49 more not listed; retrieve them via the Exa API.

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