# Jan Emil Donato v. United States

> Court of Appeals for the Ninth Circuit · February 14, 1962 · 302 F.2d 468

URL: https://www.frixlaw.com/law-library/cases/9448508

## Case

- **Full name:** Jan Emil DONATO, Appellant, v. UNITED STATES of America, Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** February 14, 1962
- **Citations:** 302 F.2d 468; 1962 U.S. App. LEXIS 5909
- **Precedential status:** Published
- **Opinion:** Dissent by Chambers
- **Judges:** Chambers, Merrill, Browning
- **Cited by:** 38 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/9448508

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9448508. Public record. Not legal advice.