Legal Opinion · Dissent

United States v. 1982 Sanger 24' Spectra Boat

Court of Appeals for the Ninth Circuit

Decided July 25, 1984No. Nos. 83-1810 to 83-1812Published

1DissentWallace, Circuit Judge

The question before us is a close one— but it is close primarily because of the failure of claimants to identify before the district court the grounds of their request for relief. Of course one could argue, properly I suggest, that it would have been better for the district court to follow its own local rules. Nevertheless, the issue before us is one of jurisdiction and I cannot agree with the majority that the motions for rehearing made at trial may be construed properly as motions under Federal Rule of Civil Procedure 60(b)(4) or (6). Therefore, I dissent.

The United States sought forfeiture…

2Cases cited13 opinions

  1. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  2. Ackermann v. United StatesSupreme Court of the United States · 1950
  3. Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
  4. Sidney-Vinstein v. A.H. Robins Co.Court of Appeals for the Ninth Circuit · 1983
  5. Murray W. Miller, Cross-Appellee v. Transamerican Press, Inc., Cross-Appellants, and Sam Steiger, Deponent, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1983

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