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Saturday, August 9, 2008

Rev.SharonScarrella _Anderson v. Midwest Fed S&L_FastCase-536F2d1207_No.75_1912

Click here: http://law.usc.edu/academics/centers/cslp/papers/cslp-wp-028.pdf


Normally when writing letters, cases used require a Summary

Learned that 30 yrs ago with Divorce Reform Inc. ie: http://richard-bullock.blogspot.com/


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Scarrella v. Midwest Federal Sav. and Loan, 536 F.2d 1207 (C.A.8 (Minn.), 1976)

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Page 1207

536 F.2d 1207

Rev. Sharon L. SCARRELLA et al., Appellants,
v.
MIDWEST FEDERAL SAVINGS AND LOAN et al., Appellees.

No. 75-1912.

United States Court of Appeals,
Eighth Circuit.

Submitted May 27, 1976.
Decided June 8, 1976.

Page 1208

Rev. Sharon L. Scarrella, pro se.

Thomas E. Harms, Minneapolis, Minn., for appellees.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

PER CURIAM.

The appellants in this action are the Reverend Sharon Scarrella, a self-ordained minister of the Church of Justice Reform, Inc., the Reverend Richard Bullock, and Albert Brisson. They appeal an interlocutory order of the district court 1 dismissing appellants Bullock and Brisson as plaintiffs in the action pending below. 2 Additionally,

Page 1209

appellants Scarrella and Bullock have filed a motion requesting all of the judges of this court to disqualify themselves.

We deny the motion for disqualification and dismiss the appeal for lack of jurisdiction.

I. Motion for Disqualification.

The grounds alleged by appellants for disqualification of the members of this court are (1) that the members of this court are involved with or are members of, the Minnesota State Bar Association and the American Bar Association, both of which were defendants in a separate class action suit brought by the appellants and (2) that the members of this court have a "unique relationship" with the members of the legal profession and the financial interests in the state of Minnesota and as such cannot render a fair and impartial decision. Such vague allegations of prejudice are insufficient to require disqualification of any member of this court. 28 U.S.C. § 455. See Wounded Knee Legal Defense/Offense Committee v. F.B.I., 507 F.2d 1281, 1285 (8th Cir. 1974).

II. Jurisdiction.

Rule 11 of the Federal Rules of Civil Procedure requires that every pleading be signed by the party filing it, or by that party's attorney. Here the notice of appeal, which was purported to be on behalf of all appellants, was signed only by appellant Scarrella, who is not an attorney. Since appellants Bullock and Brisson did not sign the notice of appeal, their appeals must be dismissed. McKinney v. DeBord, 507 F.2d 501 (9th Cir. 1974); cf. Huffman v. Nebraska Bureau of Vital Statistics, 320 F.Supp. 154 (D.Neb. 1970). As the court in Huffman stated in applying Fed.R.Civ.P. 11 in an analogous situation

* * * one of the justifications * * * of Rule 11 is to make certain that the persons who are named as parties are actually in assent to the filing of an action on their behalf * * *.

Id. at 156.

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This applys to Canons
http://law.usc.edu/academics/centers/cslp/papers/cslp-wp-028.pdf
One recurrent example involves federal statutes that lack an explicit limitation period within which to initiate legal
action. See North Star Steel v. Thomas, 515 U.S. 29, 33 (1995) (referring to numerous specific statutes). While
there may be rare instances in which this decis ion is conscious and deliberate (see note 2 infra), it generally reflects
simply insufficient attention to detail.
2 See, e.g., Landgraf v. USI Film Prod., 511 U.S. 244, 262-63 (1994) (concluding, based on review of legislative
history, that supporters of 1991 Civil Rights Act “agreed to disagree about whether and to what extent the Act would
apply to preenactment conduct”). See generally Miriam R. Jorgensen & Kenneth A. Shepsle, A Comment on the
Positive Canons Project, 57 LAW & CONTEMP. PROBS. 43, 44-45 (Winter 1994); Nicholas Quinn Rosenkranz,
Federal Rules of Statutory Interpretation, 115 HARV. L. REV. 2085, 2155 (2002).
3 Congress also invites this gap-filling from executive branch agencies. See generally Edward Rubin, Dynamic
Statutory Interpretation in the Administrative State, www.bepress.com/ils/iss3/art.2 (2002).
4 See, e.g., Lorillard Tobacco v. Reilly, 533 U.S. 525 (2001) (adjudicating tobacco industry’s right to engage in
certain forms of cigarette advertising); United States v. Microsoft Corp., 253 F. 3d 34 (D.C. Cir. 2001) (adjudicating
extent of government’s ability to regulate internet access). See generally John Ferejohn, Judicializing Politics,
Politicizing Law, 65 LAW & CONTEMP. PROBS. 41, 64-65 (Summer 2002).›ÿ˜Š7&÷ó¦

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