# Donovan Edward Ruby v. Secretary of the United States Navy

> Court of Appeals for the Ninth Circuit · June 2, 1966 · 365 F.2d 385

URL: https://www.frixlaw.com/law-library/cases/9452131

## Case

- **Full name:** Donovan Edward RUBY, Appellant, v. SECRETARY OF the UNITED STATES NAVY, Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** June 2, 1966
- **Citations:** 365 F.2d 385; 10 Fed. R. Serv. 2d 1541; 1966 U.S. App. LEXIS 5954
- **Precedential status:** Published
- **Opinion:** Concurrence by Chambers
- **Judges:** Chambers, Barnes, Hamley, Jertberg, Merrill, Koelsch, Browning, Duniway, Ely
- **Cited by:** 199 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/9452131

## How later opinions describe it (automated extraction)

- stating “[w]here the 27 deficiency in a notice of appeal, by reason of . . . reference to a non-appealable order, is 28 1 clear to the district court, it may disregard the purported notice of appeal and proceed with 2 ||the case, knowing that it has not been deprived of jurisd…
- noting that 11 “Where the deficiency in a notice of appeal, by reason of untimeliness, lack of essential 12 recitals, or reference to a non-appealable order, is clear to the district court, it may disregard 13 the purported notice of appeal and proceed with the case, knowing t…
- holding that notice of appeal from unappealable order does not divest district court of jurisdiction

## Opinion text

CHAMBERS, Circuit Judge,
concurring.
I concur in the foregoing. Fundamentally I do not believe in it or in our Firchau case, 345 F.2d 269 , in which I concurred. But to me there is a message by which I must abide in United States v. State of Arizona et al., 346 U.S. 907 , 74 S.Ct. 239 , 98 L.Ed 405, and Hoiness v. United States, 335 U.S. 297 , 69 S.Ct. 70 , 93 L.Ed. 16 , that reaches in to Firchau and Ruby.
I do wonder how we shall hold when a plaintiff files his notice of appeal as an appendage to his original complaint.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9452131. Public record. Not legal advice.