Legal Opinion

Long v. Emery

Court of Appeals for the Tenth Circuit

Decided September 18, 1967No. 9208PublishedCited by 15 opinions

1Opinion of the Court

MURRAH, Chief Judge.

The decisive question here is whether the trial court properly overruled plaintiff Long’s motion under Rule 73(a), F.R.Civ.P., for an extension of time in which to appeal. If so the appeal must, of course, fail.

The pertinent facts are that after trial and filing of findings of fact and conclusions of law, judgment was entered and journal entry was filed on March 2, 1966. Timely motions to amend and modify the judgment were filed and considered by the court. A dispute arose over conflicting suggested orders purporting to incorporate the judge’s rulings, and the court by…

2Cases cited2 opinions

  1. Hill v. HawesSupreme Court of the United States · 1944
  2. Nichols-Morris Corporation v. Robert E. MorrisCourt of Appeals for the Second Circuit · 1960

3Cited by15 opinions

  1. Theodore R. Gooch v. Skelly Oil Company, a CorporationCourt of Appeals for the Tenth Circuit · 1974
  2. Robert M. Hensley v. The Chesapeake & Ohio Railway Company, a Corporation, Robert M. Hensley v. The Chesapeake & Ohio Railway Company, a CorporationCourt of Appeals for the Fourth Circuit · 1981
  3. James P. Pasquale v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1969
  4. In Re Leasing Services, Inc.Court of Appeals for the Second Circuit · 1985
  5. Russo v. Flota Mercante GrancolombianaDistrict Court, S.D. New York · 1969

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