Legal Opinion
Stephen Borzeka v. Margaret O. Heckler, Secretary of Health and Human Services
Court of Appeals for the Ninth Circuit
Decided August 2, 1984No. 83-1846PublishedCited by 122 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
Plaintiff Stephen Borzeka appeals the district court’s order granting the Secretary of Health and Human Services’ motion to set aside a default judgment against her and to dismiss plaintiff’s complaint for failure to coniply with the technical requirements of service under Rules 4(d)(4) and (5) of the Federal Rules of Civil Procedure. We affirm the district court’s order insofar as it sets aside the default judgment against the Secretary, but reverse insofar as it dismisses plaintiff’s complaint for lack of proper service.
FACTS.
Appellant Stephen Borzeka was a…
2Cases cited18 opinions
- Jackson v. HayakawaCourt of Appeals for the Ninth Circuit · 1982
- Sara A. Karlsson v. Baruch RabinowitzCourt of Appeals for the Fourth Circuit · 1963
- 4 soc.sec.rep.ser. 80, unempl.ins.rep. Cch 15,133 Mario Lopez v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1984
- Ames Nowell v. Iris Calder NowellCourt of Appeals for the Fifth Circuit · 1967
- Rovinski v. RoweCourt of Appeals for the Sixth Circuit · 1942
13 more not listed; retrieve them via the Exa API.
3Cited by122 opinions
- Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
- Harlan L. Jacobsen v. Richard FillerCourt of Appeals for the Ninth Circuit · 1986
- Margaret Daly-Murphy v. Michael Winston, E. Carmack Holmes, Arthur S. Kling, Ronald L. Nelson and the Veterans AdministrationCourt of Appeals for the Ninth Circuit · 1988
- Debra McMasters v. United States of America and the Department of the NavyCourt of Appeals for the Seventh Circuit · 2001
- Ronald Despain, and Jamilyn Mellen v. Salt Lake Area Metro Gang Unit Bureau of Alcohol, Tobacco and Firearms Robert SwehlaCourt of Appeals for the Tenth Circuit · 1994
117 more not listed; retrieve them via the Exa API.