O'Rourke
Segui ex rel. Ortiz v. O'Rourke
328 F.2d 965
United States Court of Appeals for the Ninth CircuitMarch 3, 1964No. 18835California58 words
Lead Opinion
The record discloses no responsive pleading had been filed when this action was dismissed. Rule 15(a), Federal Rules of Civil Procedure is applicable. Cf. Breier v. Northern California Bowling Proprietors Ass’n, 9 Cir. 1963, 316 F.2d 787 .
The judgment of dismissal is reversed, and the action remanded with leave to plaintiffs to amend, if they so desire.