In the context of Section 3404 of the Federal Civil Rights Act, is it frivolous to argue that the issue is not insubstantial?
MultiRegion, United States of America
The following excerpt is from Gendron v. Saxbe, 501 F.2d 1087 (9th Cir. 1974):
In the light of Goldberg v. Kelly (1970), 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 and its progeny and recent cases defining and refining the reach of equal protection, these issues are not frivolous. In holding that the issues are not insubstantial, we express no opinion on the ultimate merits of the constitutional arguments.
Reversed and remanded for further proceedings consistent with the views herein expressed.
1 In pertinent part section 3404 provides:
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