Legal Opinion
Gainey v. Brotherhood of Railway & Steamship Clerks
Court of Appeals for the Third Circuit
Decided May 25, 1962No. 13896PublishedCited by 10 opinions
1Opinion of the Court
HASTIE, Circuit Judge.
Rule 73, Federal Rules of Civil Procedure, 28 U.S.C.A., provides that the running of the time for appeal from a judgment of a District Court is terminated by the timely filing of any of certain designated types of post-judgment motions. The rule makes no specific mention of motions for rehearing or reconsideration. The present motion to dismiss an appeal requires us to consider the effect of a motion to reargue, following a granting of summary judgment, on the running of appeal time.
The procedural sequence in the court below was as follows:
On December 14, 1960, the court…
2Cases cited6 opinions
- Safeway Stores, Inc. v. CoeCourt of Appeals for the D.C. Circuit · 1943
- United States v. EllicottSupreme Court of the United States · 1912
- Josephine Ann Sleek v. J. C. Penney Company, IncCourt of Appeals for the Third Circuit · 1961
- Jusino v. Morales & TioCourt of Appeals for the First Circuit · 1944
- Dr. Frederick Yates, M.D. v. Rudolph B. BehrendCourt of Appeals for the D.C. Circuit · 1960
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cecil JONES, Plaintiff-Appellant, v. WESTERN GEOPHYSICAL COMPANY OF AMERICA, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982
- Lavina TOROCKIO Et Al., Appellants, v. CHAMBERLAIN MFG. CO., a Corp., Et Al.Court of Appeals for the Third Circuit · 1972
- National Corn Growers Ass'n v. BakerUnited States Court of International Trade · 1985
- Bestran Corporation, Plaintiff-Counterdefendant-Appellant v. Eagle Comtronics, Inc., Defendant-Counterclaimant-AppelleeCourt of Appeals for the Ninth Circuit · 1983
- Spatz v. NasconeDistrict Court, W.D. Pennsylvania · 1973
5 more not listed; retrieve them via the Exa API.