Legal Opinion

Quincy Lairsey and Frances Lairsey v. The Advance Abrasives Company

Court of Appeals for the Fifth Circuit

Decided November 18, 1976No. 75-8164PublishedCited by 108 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

More than four months after timely filing notice of appeal appellants filed a Rule 60(b)(1) motion 1 in the district court pointing out a post-judgment change in the controlling decisional law of Georgia. The district court denied the motion on the ground it was untimely because not filed within the period allowed for perfecting a timely appeal. We hold that the motion was timely filed within the provisions of Rule 60(b) and remand the case to the district court for consideration of the motion.

August 1, 1974, the district court jury was charged that the defendant…

2Cases cited15 opinions

  1. Roy Ferrell v. Trailmobile, Inc.Court of Appeals for the Fifth Circuit · 1955
  2. Ellis v. Rich's, Inc.Supreme Court of Georgia · 1975
  3. Pearl O. Meadows v. Wilbur J. Cohen, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1969
  4. Poppell v. WatersCourt of Appeals of Georgia · 1972
  5. Whitaker v. Harvell-Kilgore Corp.Court of Appeals for the Fifth Circuit · 1969

10 more not listed; retrieve them via the Exa API.

3Cited by108 opinions

  1. Walter L. Compton, Jr. v. Alton Steamship Company, Inc.Court of Appeals for the Fourth Circuit · 1979
  2. Edward A. Ashford v. Charles Steuart, Don Erby, Ray Beaman, Steve Stedfelt, and Maynard RossCourt of Appeals for the Ninth Circuit · 1981
  3. Louise Parrott, Individually and in Her Official Capacity as Administratrix of the Estate of Jeffrey Parrott, Deceased v. Max v. Wilson, Etc.Court of Appeals for the Eleventh Circuit · 1983
  4. Venen v. SweetCourt of Appeals for the Third Circuit · 1985
  5. Dwight L. Ingraham v. United States of America, Jocelyn Bonds, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1987

103 more not listed; retrieve them via the Exa API.

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