where claimant alleged that he was summoned to firefighting duty before he had *1163 chance to file intended appeal, court remands to district court for factfinding on “question whether, under all of the circumstances of this case, a relaxation of the exhaustion of remedies rule would be just and proper”
How later courts described this case
- where claimant alleged that he was summoned to firefighting duty before he had *1163 chance to file intended appeal, court remands to district court for factfinding on “question whether, under all of the circumstances of this case, a relaxation of the exhaustion of remedies rule would be just and proper”
- where claimant alleged that he was summoned to firefighting duty before he had chance to file intended appeal, court remands to district court for factfinding on "question whether, under all of the circumstances of this case, a relaxation of the exhaustion of remedies rule would be just and proper"
- registrant received notice of classification while away on firefighting duties; by the time he returned the period for appeal had lapsed
- failure to appeal due to defendant’s erroneous belief that his rights had lapsed
Written by the judges who cited it.
The opinion
CHAMBERS, Circuit Judge
(dissenting).
No particular harm is done here in reopening a judge tried case to probe further into Donato’s excuse for not taking-his administrative appeal. I think Prohoroff and Evans, supra, were correctly decided on their facts. I would not contend that there are no valid excuses for failure to take an administrative appeal-But, I think on the face of it, Donatohas already shown his excuse too weakThereforej I dissent.