# Richerson v. Jones

> Court of Appeals for the Third Circuit · February 17, 1978 · 572 F.2d 89

URL: https://www.frixlaw.com/law-library/cases/8904892

## Case

- **Full name:** Dionysius RICHERSON, Albert E. Flournoy, Thaddeus Dais, Eugene Fleming, Jr., and Edward Hunt, Individually and on behalf of others similarly situated v. Captain Gerald R. JONES, United States Navy, Commanding Officer, Philadelphia Naval Shipyard. Appeal of Thaddeus DAIS
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** February 17, 1978
- **Citations:** 572 F.2d 89; 17 Fair Empl. Prac. Cas. (BNA) 60; 24 Fed. R. Serv. 2d 1404; 16 Empl. Prac. Dec. (CCH) 8167; 1978 U.S. App. LEXIS 12543
- **Precedential status:** Published
- **Opinion:** Concurrence by Dusen
- **Judges:** Dusen, Gibbons
- **Cited by:** 64 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8904892

## How later opinions describe it (automated extraction)

- holding that the timeliness of an appeal is to be measured from the date of the denial of the motion for reconsideration and not the date of the original judgment vacating the prior grant of a new trial and reinstating a verdict for the defendant.

## Opinion text

VAN DUSEN, Circuit Judge,
concurring.
I concur in the judgment of the court and in the opinion in all respects except that portion in section III which addresses the appellant’s “second argument” that he had fully exhausted his administrative remedies by the time that the district court ruled on the appellee’s motion for summary judgment (pages 12-15 of the majority opinion). I believe the unnecessary construction of the exhaustion requirement of § 717(c) of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-16(c), contained in this dictum should be deferred until such construction is necessary for the decision in a case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8904892. Public record. Not legal advice.