Legal Opinion
In the Matter of American Precision Vibrator Company, Debtor. American Precision Vibrator Company v. National Air Vibrator Co.
Court of Appeals for the Fifth Circuit
Decided February 21, 1989No. 88-2271PublishedCited by 29 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
The appeal in this case was triggered by a clerical mistake in the district clerk’s office that led to the dismissal with prejudice of the underlying bankruptcy action. The district court held that the dismissal deprived the bankruptcy court of the power to vacate the dismissal. We hold that Fed. R.Civ.P. 60(a) authorizes the court to undo the effect of the clerical mistake. Accordingly, we reverse the decision of the district court.
I
On August 17, 1987, appellee National Air Vibrator Company (NAVCO) filed a motion to dismiss the petition for Chapter 11 bankruptcy of the…
2Cases cited16 opinions
- Thompson v. Immigration & Naturalization ServiceSupreme Court of the United States · 1964
- Harcon Barge Co. v. D & G Boat Rentals, Inc.Court of Appeals for the Fifth Circuit · 1986
- Murray W. Miller, Cross-Appellee v. Transamerican Press, Inc., Cross-Appellants, and Sam Steiger, Deponent, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1983
- United States of America, Plaintiff-Appellee--Cross-Appellant v. Jack Griffin, Appeal of Merrill Moores, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1986
- Dura-Wood Treating Company, Division of Roy O. Martin Lumber Company v. Century Forest Industries, Inc.Court of Appeals for the Fifth Circuit · 1982
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Silivanch v. Celebrity Cruises, Inc.Court of Appeals for the Second Circuit · 2003
- United States v. Kellogg (In Re West Texas Marketing Corp.)Court of Appeals for the Fifth Circuit · 1994
- Wesco Products Co. And Donald Horwitz v. Alloy Automotive Co., and Continental Illinois National Bank & Trust Co.Court of Appeals for the Seventh Circuit · 1989
- Rivera v. PNS Stores, Inc.Court of Appeals for the Fifth Circuit · 2011
- In Re Rezulin Products Liability LitigationDistrict Court, S.D. New York · 2001
24 more not listed; retrieve them via the Exa API.