Legal Opinion
George D. Schlink v. Chesapeake & Ohio Railway Co.
Court of Appeals for the Sixth Circuit
Decided March 21, 1960No. 13939_1PublishedCited by 13 opinions
1Per curiam
Appellee has moved for dismissal of the appeal. Final judgment was entered in the District Court on February 13, 1959. Appellant’s motion for a new trial was filed on February 25, 1959 and was overruled on May 12, 1959. Notice of appeal was not filed until June 8, 1959. The motion for a new trial was not timely filed. Rule 59 (b), Federal Rules of Civil Procedure, 28 U.S.C.A. Accordingly, it did not terminate the running of the thirty day period for appeal, which expired on March 16, 1959. Rule 73(a). This Court has, on may occasions, held the thirty day time limit to be jurisdictional and…
2Cases cited4 opinions
- Marten v. HessCourt of Appeals for the Sixth Circuit · 1949
- Deena Products Co. v. United Brick & Clay Workers of AmericaCourt of Appeals for the Sixth Circuit · 1952
- James Francis Hill v. United StatesCourt of Appeals for the Sixth Circuit · 1959
- Metalock Repair Service, Inc. And Lois R. Morrison v. Hal W. HarmanCourt of Appeals for the Sixth Circuit · 1956
3Cited by13 opinions
- Robert J. Denley v. Shearson/american Express, Inc., and Malcom BaileyCourt of Appeals for the Sixth Circuit · 1984
- Richland Knox Mutual Insurance Company v. David Kallen, Sondra Litwin and American Policyholders Insurance Company, Sondra Litwin, Cross v. David Kallen, American Policyholders Insurance Company, Detroit Automobile Inter-Insurance Exchange and Richland Knox Mutual Insurance Company, CrossCourt of Appeals for the Sixth Circuit · 1967
- Burgers v. MaibenUtah Supreme Court · 1982
- Herbert Reed v. People of the State of MichiganCourt of Appeals for the Sixth Circuit · 1968
- Levisa Stone Corporation and Johnson Brothers Limestone Company v. Elkhorn Stone Company, Inc.Court of Appeals for the Sixth Circuit · 1969
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