Parissi v. Telechron, Inc.
Cases that cite this one
107 later published cases cite this decision. The 25 that cite it most often are listed here.
- Cornett v. WEISENBURGER (District Court, W.D. Virginia 2006)
- Han Lee v. Superintendent Houtzdale SCI (3d Cir. 2015)
- Prowswood, Inc. v. Mountain Fuel Supply Co. (Utah 1984)
- In re the Marriage of Gray (Ariz. 1985)
- Keith v. Heckler (District Court, E.D. Virginia 1985)
- Local 783, Allied Industrial Workers of America, Aflcio v. General Electric Company (6th Cir. 1973)
- Wanamaker v. Columbian Rope Co. (District Court, N.D. New York 1989)
- H. L. Thorndal, Trustee in Bankruptcy of Petroleum Corporation of America, Bankrupt v. Smith, Wild, Beebe & Cades (8th Cir. 1965)
- Anna Wisniewski, Widow of Edward Wisniewski v. Director, Office of Workers' Compensation Programs, United States Department of Labor (3d Cir. 1991)
- Montgomery v. Docter, Docter & Salus, P.C. (D.C. 1990)
- Houston v. Lack (Supreme Court of the United States 1988)
- Kovac v. S.D. Reemployment Assistance Division (S.D. 2023)
- Dipoma v. McPhie (Utah Ct. App. 2000)
- Milton S. Kronheim & Company, Inc. v. District of Columbia (D.C. Cir. 1996)
- Boostrom v. Bach (Ind. 1993)
- Burnett v. Perry Manufacturing, Inc. (District Court, D. Kansas 1993)
- City of Chicago, a Municipal Corporation, and Police Department of the City of Chicago v. United States Department of Labor (7th Cir. 1984)
- Norman Rothman v. United States (3d Cir. 1975)
- Charlson Realty Company v. The United States (Court of Claims 1967)
- Andrew Pitts v. United States (9th Cir. 1959)
- Smith v. Planned Parenthood of St. Louis Region (District Court, E.D. Missouri 2004)
- In re Moore (United States Bankruptcy Court, W.D. Oklahoma 1988)
- Outboard Marine v. Florida Stevedoring Corp. (Fla. Dist. Ct. App. 1986)
- Gould v. Members of New Jersey Division of Water Policy (3d Cir. 1977)
- John Wight and Mondakota Gas Company, a Corporation v. Montana-Dakota Utilities Co., a Corporation (9th Cir. 1962)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The judgment is reversed. The petitioner’s notice of appeal to the Court of Appeals from a judgment of the District Court for the Northern District of New York, together with his appeal bond, was received at the office of the Clerk of the District Court within the 30 days prescribed by 28 U. S. C. § 2107 for filing a notice of appeal. In dispatching these papers the petitioner inadvertently failed to include the $5 fee required by 28 U. S. C. § 1917 to be paid “upon the filing” of a notice of appeal. The Clerk notified the petitioner of his omission, and declined to “file” the notice of appeal until he received the $5 fee three or four days later. By that time the 30-day period for appeal had expired. Upon petitioner’s motion the District Court made a nunc pro tunc order according the notice of appeal a filing date as of the date it was originally received by the Clerk.
*47 The Court of Appeals, without opinion, dismissed the appeal as untimely. We think that the Clerk's receipt of the notice of appeal within the 30-day period satisfied the requirements of § 2107, and that untimely payment of the § 1917 fee did not vitiate the validity of petitioner’s notice of appeal. Anything to the contrary in such cases as Mondakota Gas Co. v. Montana-Dakota Utilities Co., 194 F. 2d 705 (C. A. 9th Cir. 1952), we disapprove. Our conclusion does not leave § 1917 without other sanctions.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.