Legal Opinion
Lemoge v. United States
Court of Appeals for the Ninth Circuit
Decided December 7, 2009No. 08-56210PublishedCited by 363 opinions
1Opinion of the Court
GOULD, Circuit Judge:
Mark and Roxina Lemoge appeal the district court’s denial of their motion to set aside the dismissal of their action for personal injuries under the Federal Torts Claims Act (FTCA) against the United States and to extend time to serve the summons and complaint. The issue is whether the district court abused its discretion under Federal Rule of Civil Procedure 60(b) by denying the Lemoges relief from the dismissal. We have jurisdiction under 28 U.S.C. § 1291. We reverse and remand.
I
In April 2004, Mark Lemoge suffered a serious leg injury at a military facility when a…
2Cases cited15 opinions
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3Cited by363 opinions
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