Legal Opinion

Fulvio Babich v. W. Dewey Clower

Court of Appeals for the Fourth Circuit

Decided September 22, 1975No. 74--1689PublishedCited by 6 opinions

1Opinion of the Court

WIDENER, Circuit Judge:

The sole issue raised in this appeal is whether the district court erred in refusing to grant appellants’ motion for an extension of time to file notice of appeal. We find that the failure of the appellants timely to file notice of appeal within the thirty-day time limit set by FRAP 4(a) was due to excusable neglect and that the. extension of time should have been granted. 1

Appellants (plaintiffs) brought suit against the appellees (defendants) seeking restitution and damages for an alleged fraudulent representation on the part of the appellees in connection with the…

2Cases cited2 opinions

  1. Hill v. HawesSupreme Court of the United States · 1944
  2. Resnick v. Lehigh Valley R.District Court, S.D. New York · 1951

3Cited by6 opinions

  1. Goldstein v. BarronMassachusetts Supreme Judicial Court · 1980
  2. The Mennen Company v. The Gillette CompanyCourt of Appeals for the Second Circuit · 1983
  3. Matter of Washington Group, Inc.District Court, M.D. North Carolina · 1979
  4. J.P. Fyfe, Inc. of Florida v. Bradco Supply Corp.District Court, D. New Jersey · 1989
  5. In re Buckingham Super Markets, Inc.Court of Appeals for the D.C. Circuit · 1980

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