Legal Opinion
R.E. Rodgers and Barbara Rodgers v. James G. Watt, Secretary of the Interior of the United States of America
Court of Appeals for the Ninth Circuit
Decided December 16, 1983No. 80-3482PublishedCited by 276 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge.
This case has been referred to an en banc panel for the purpose of determining the requirements for relief from judgment, when the time for appeal has expired before the appellant has notice of the entry of judgment. We hold that the trial court did not abuse its discretion in granting relief under Fed.R.Civ.P. 60(b)(1) based on excusable neglect.
Facts
The facts have been well set forth in the panel’s opinion and may be summarized as follows. Both sides filed motions for summary judgment in the district court where the plaintiffs sought review of an administrative…
2Cases cited23 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- James D. Hodgson, Secretary of Labor, Mike Trbovich v. United Mine Workers of AmericaCourt of Appeals for the D.C. Circuit · 1972
- John Staren and David Henner v. American National Bank and Trust Company of Chicago, a CorporationCourt of Appeals for the Seventh Circuit · 1976
- Hill v. HawesSupreme Court of the United States · 1944
- Merced Hernandez-Rivera and Carlota Garcia-Vasquez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1980
18 more not listed; retrieve them via the Exa API.
3Cited by276 opinions
- Ahanchian v. Xenon Pictures, Inc.Court of Appeals for the Ninth Circuit · 2010
- Alan Neuman Productions, Inc. v. Jere AlbrightCourt of Appeals for the Ninth Circuit · 1989
- Jose Luis Pena v. Seguros La Comercial, S.A.Court of Appeals for the Ninth Circuit · 1985
- WMX Technologies, Inc. v. MillerCourt of Appeals for the Ninth Circuit · 1997
- Meadows v. Dominican RepublicCourt of Appeals for the Ninth Circuit · 1987
271 more not listed; retrieve them via the Exa API.