Legal Opinion

LiButti v. United States

District Court, N.D. New York

Decided November 26, 1997No. 1:94-cv-01114Published

1Opinion of the Court

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

A. Introduction

Presently before the Court are motions by both the plaintiff Edith Libutti and the defendant United States of America. First, plaintiff moves, pursuant to Rule 59(a)(2) of the Federal Rules of Civil Procedure, for a new trial and amendment of judgment. Specifically, plaintiff requests that the Court vacate the judgment of this Court dated July 31, 1997, admit additional testimony from Robert Libutti, amend the Court’s findings of fact and conclusions of law and enter a new judgment.

Second, the government moves for…

2Cases cited18 opinions

  1. Farmer v. BrennanSupreme Court of the United States · 1994
  2. Meredith v. Winter HavenSupreme Court of the United States · 1943
  3. Paul Jolly v. Thomas Coughlin, Robert Greifinger, John P. Keane, C. Greiner, S. KapoorCourt of Appeals for the Second Circuit · 1996
  4. The Coca-Cola Company v. Tropicana Products, Inc.Court of Appeals for the Second Circuit · 1982
  5. Waldman Publishing Corp. And Playmore Inc., Publishers v. Landoll, Inc., Martin Myers & James LandollCourt of Appeals for the Second Circuit · 1994

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