In the Matter of Nimz Transportation, Inc

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that absence of document in clerk’s file is insufficient to rebut presumption that document mailed was “received, and thereby filed”
• concluding that absence of document in clerk’s file is insufficient to rebut presumption that document mailed was “received, and thereby filed”
• “[M]ailing alone does not constitute filing[.] . . . [F]iling requires delivery and receipt by the proper party.” (citations omitted)
• holding, in a case where petitioners alleged that they mailed wage claims to the clerk of the district court, that \the fact that the clerk's files did not contain the proof of claims\ was \by itself insufficient to rebut the presumption of receipt\
• “It is true that mailing alone does not constitute filing, but that filing requires delivery and receipt by the proper party.”
• “[A] timely and accurate mailing raises a rebuttable presumption that the mailed material was received, and thereby filed.”

Source: CourtListener parenthetical corpus (CC0).