Allender v. Raytheon Aircraft Co.
Court of Appeals for the Tenth Circuit
1Opinion of the Court
McCONNELL, Circuit Judge.
This case is a reminder of how procedural rules can affect the issues a court can consider on appeal. Plaintiff-Appellant Peggy Allender sought to appeal the district court’s October 15, 2004 final order entering summary judgment in favor of Raytheon Aircraft Company (“Raytheon”). She waited to file her notice of appeal until after the district court denied her motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e). Although a Rule 59(e) motion tolls the time to file a notice of appeal if the motion is filed within ten days of entry of a…
2Cases cited15 opinions
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