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KELLEY v. CALIO

No. 86-2675.

831 F.2d 190 (1987)

Richard E. KELLEY and Eugene M. Kelley, Plaintiffs-Appellants, v. Anthony J. CALIO, as Administrator, National Oceanic and Atmospheric Administration, United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 28, 1987.

Attorney(s) appearing for the Case

Robert C. Petersen, Fort Bragg, Cal., for plaintiffs-appellants.

Stephen A. Shefler, San Francisco, Cal., for defendant-appellee.

Before FLETCHER, REINHARDT and BRUNETTI, Circuit Judges.

REINHARDT, Circuit Judge:

Appellants' request for a hearing before the National Oceanic and Atmospheric Administration was dismissed by an administrative law judge because they failed to file in a timely manner a document setting forth their preliminary position. The dismissal was affirmed by the agency's administrator and by the district court. We reverse.

I.

In an administrative proceeding initiated March 27, 1985, the National Oceanic and

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