Legal Opinion

Rene Ynclan Ynclan v. Department of the Air Force

Court of Appeals for the Fifth Circuit

Decided September 23, 1991No. 89-5522PublishedCited by 80 opinions

1Opinion of the Court

KING, Circuit Judge:

René Ynclan appeals the district court’s dismissal, with prejudice, of his Title VII suit against his former employer, the Air Force. The district court found that it was without jurisdiction over Ynclan’s complaint, since he had failed to name and serve the proper defendant within the thirty-day period from receipt of his EEOC right-to-sue letter, as provided in 42 U.S.C. § 2000e-16(c). During the pendency of this appeal, this circuit’s interpretation of the nature of the thirty-day period has been overturned by a Supreme Court decision. Since the district court’s…

2Cases cited22 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  3. John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
  4. Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
  5. Schiavone v. FortuneSupreme Court of the United States · 1986

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

3Cited by80 opinions

  1. Stan Laber v. Francis J. Harvey, Secretary of the ArmyCourt of Appeals for the Fourth Circuit · 2006
  2. Rmi Titanium Company v. Westinghouse Electric CorporationCourt of Appeals for the Sixth Circuit · 1996
  3. Fisher v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
  4. Barrera-Montenegro v. USA & Drug Enforcement AdministrationCourt of Appeals for the Fifth Circuit · 1996
  5. United States v. PattersonCourt of Appeals for the Fifth Circuit · 2000

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

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