What is the test for dismissing an application for a summary dismissal of an application alleging fraud?
MultiRegion, United States of America
The following excerpt is from Chessman v. Teets, 239 F.2d 205 (9th Cir. 1956):
"* * * The charges of fraud as such set forth a denial of due process of law in violation of the Fourteenth Amendment. See Mooney v. Holohan, 294 U.S. 103, 55 S.Ct. 340, 79 L.Ed. 791. Without intimating any opinion regarding the validity of the claim, we hold that in the circumstances disclosed by the record before us the application should not have been summarily dismissed. * * *"
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