Legal Opinion

Norman P. Calhoun, and Viola E. Calhoun v. United States

Court of Appeals for the Ninth Circuit

Decided May 14, 1981No. 79-4777PublishedCited by 60 opinions

1Opinion of the Court

HUG, Circuit Judge.

The only issue before this court at this time is the timeliness of Calhoun’s appeal. This opinion arises in response to the United States’ motion to dismiss Calhoun’s appeal as untimely and to the court’s sua sponte consideration of the requirements of Fed.R.App.P. 4(a)(4) and (6). For the reasons set forth below, we hold that the appeal was timely and deny the motion to dismiss.

FACTS

The facts relevant to our disposition of the motion begin with the date of entry of final judgment in this action, July 10, 1979. Ten days later, on July 20, 1979, Calhoun served the United…

2Cases cited11 opinions

  1. Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
  2. Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc.Supreme Court of the United States · 1962
  3. Luverne L. Anderson and Josephine Rodriguez v. Allstate Insurance Company, a California Corporation, DefendantsCourt of Appeals for the Ninth Circuit · 1980
  4. Caperton v. Beatrice Pocahontas Coal Co.Court of Appeals for the Fourth Circuit · 1978
  5. Whittaker v. Whittaker Corp.Court of Appeals for the Ninth Circuit · 1981

6 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  2. Yourish v. California AmplifierCourt of Appeals for the Ninth Circuit · 1999
  3. Samuel "Wesley" McCabe and John Elson v. General Foods Corporation, Alan Moltz, Abner Ladson and Does 1-100Court of Appeals for the Ninth Circuit · 1987
  4. Hearns v. San Bernardino Police DepartmentCourt of Appeals for the Ninth Circuit · 2008
  5. McCarthy v. MayoCourt of Appeals for the Ninth Circuit · 1987

55 more not listed; retrieve them via the Exa API.

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