Legal Opinion
United States v. Virginia Russell
Court of Appeals for the Ninth Circuit
Decided October 14, 1978No. 76-1811PublishedCited by 19 opinions
1Per curiam
Appellant’s notice of appeal was filed six days after entry of the order denying appellant’s motion to set aside the default judgment, but 63 days after entry of the default judgment itself. In a civil case in which the United States is a party, the notice of appeal must be filed within 60 days of judgment unless the period is tolled by the filing of an appropriate motion under Federal Rules of Civil Procedure 50(b), 52(b), or 59. Fed.R.App.P. 4(a). Appellant’s motion to vacate judgment pursuant to Rule 60(b) did not toll the 60-day period. The appeal was therefore untimely as to the…
2Cases cited10 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- United States v. ColemanSupreme Court of the United States · 1968
- Andrus v. Charlestone Stone Products Co.Supreme Court of the United States · 1978
- Tora C. Brennan v. Midwestern United Life Insurance Company, Appeal of Claude M. Herriman, Movants-AppellantsCourt of Appeals for the Seventh Circuit · 1971
- Eddie R. Walker v. F. David Mathews, Secretary of Health, Education and Welfare, DefendantCourt of Appeals for the Ninth Circuit · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Alphonso Thompson v. The Housing Authority of the City of Los Angeles, a Public CorporationCourt of Appeals for the Ninth Circuit · 1986
- R.E. Rodgers and Barbara Rodgers v. James G. Watt, Secretary of the Interior of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1983
- Harriet M. Gould, an Unremarried Widow v. Mutual Life Insurance Company of New York, a Foreign CorporationCourt of Appeals for the Ninth Circuit · 1986
- In Re Robert J. Mason, Debtor. Robert J. Mason v. Integrity Insurance Company and Sherwood & Roberts, Inc.Court of Appeals for the Ninth Circuit · 1983
- Lafarge Conseils Et Etudes, S.A. v. Kaiser Cement & Gypsum Corp., Defendant-Counterclaimant/appellant v. The Howard P. Foley Company, Counterdefendant/appelleeCourt of Appeals for the Ninth Circuit · 1986
14 more not listed; retrieve them via the Exa API.