Legal Opinion

John Scarpa v. William Murphy

Court of Appeals for the First Circuit

Decided January 28, 1986No. 85-1706PublishedCited by 38 opinions

1Opinion of the Court

BAILEY ALDRICH, Senior Circuit Judge.

The time for filing plaintiff appellant’s notice of appeal from the dismissal of his 42 U.S.C. § 1983 action was due to expire on July 13, 1985. Since that was a Saturday, he had until Monday, July 15. F.R. App.P. 26(a). On Wednesday, July 10 he deposited a proper notice with the West Springfield, Massachusetts Post Office addressed to “United States District Court, Main Street, Springfield, Massachusetts 01103.” For some, unexplained, reason the envelope was not delivered to the District Court until Wednesday, July 17. Plaintiff’s counsel was promptly…

2Cases cited3 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Albert M. Spound v. Mohasco Industries, Inc., Albert M. Spound v. Mohasco Industries, Inc.Court of Appeals for the First Circuit · 1976
  3. State of Oregon v. Champion International CorporationCourt of Appeals for the Ninth Circuit · 1982

3Cited by38 opinions

  1. Parke-Chapley Construction Company, an Illinois Corporation, Plaintiff v. Thomas F. CherringtonCourt of Appeals for the Seventh Circuit · 1989
  2. Pontarelli v. StoneCourt of Appeals for the First Circuit · 1991
  3. Mirpuri v. Act Manufacturing, Inc.Court of Appeals for the First Circuit · 2000
  4. McKenna v. Wells Fargo Bank, N.A.Court of Appeals for the First Circuit · 2012
  5. Lorenzen v. Employees Retirement Plan of the Sperry & Hutchinson Co.Court of Appeals for the Seventh Circuit · 1990

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