Legal Opinion
Fobian v. Storage Technology Corp.
Court of Appeals for the Fourth Circuit
Decided January 13, 1999No. Nos. 97-1477, 97-1822, 98-1848 and 98-1849PublishedCited by 11 opinions
1Opinion of the Court
Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge MICHAEL and Chief Judge STAMP joined.
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
The question presented here is how a district court is to treat a Rule 60(b) motion to vacate a judgment when an appeal from that judgment is pending in this court. The dis*889trict court in this case determined that it lacked jurisdiction to consider two such motions and, for this reason, dismissed them. We hold that a district court does retain jurisdiction to entertain a Rule 60(b) motion, even when the underlying judgment is on…
2Cases cited24 opinions
- United States v. CronicSupreme Court of the United States · 1984
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
- North Carolina v. RiceSupreme Court of the United States · 1971
- Standard Oil Co. of Cal. v. United StatesSupreme Court of the United States · 1976
- Thanh Vong Hoai v. Thanh Van VoCourt of Appeals for the D.C. Circuit · 1991
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3Cited by11 opinions
- Rodney L. Boyko v. Ron Anderson, SuperintendentCourt of Appeals for the Seventh Circuit · 1999
- South Carolina Department of Disabilities & Special Needs v. Hoover Universal, Inc.Court of Appeals for the Fourth Circuit · 2008
- Lans v. GATEWAY 2000, INC.District Court, District of Columbia · 2000
- Crutchfield v. United States Army Corps of EngineersDistrict Court, E.D. Virginia · 2002
- Ltd. Invest. Group Corp. v. Huntington Natl. BankOhio Court of Appeals · 2022
6 more not listed; retrieve them via the Exa API.