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Maria Teresa Cruz SEGUI, as next friend on behalf of Digna Luz Ortiz, an infant, and Hector Luis Ortiz, an infant, Appellant, v. Ruth Snow Burns OROURKE and John P. ORourke, Appellees

United States Court of Appeals for the Ninth Circuit1964-03-03No. No. 18835
328 F.2d 965

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Opinion

majority opinion

PER CURIAM.

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.