Legal Opinion
North Umberland Mining Co. v. Standard Acc. Ins. Co
Court of Appeals for the Ninth Circuit
Decided January 22, 1952No. 12950PublishedCited by 15 opinions
1Opinion of the Court
HEALY, Circuit Judge.
We are confronted on this appeal with an apparently novel question concerning our jurisdiction to entertain it.
The judgment attempted to be appealed from was entered January 25, 1951. No appeal was taken within the 30-day period prescribed by Fed.Rules Civ.Proc. rule 73(a), 28 U.S.C.A. On March 20, 1951, counsel for the losing party filed and presented to the district court an affidavit in which he stated that through inadvertence he had permitted the 30-day period to expire because he was not aware of the entry of the judgment and did not receive notice of it. He asked…
2Cited by15 opinions
- Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc.Supreme Court of the United States · 1962
- Plant Economy, Inc. v. Mirror Insulation Company, Inc.Court of Appeals for the Third Circuit · 1962
- Timothy Malone v. John Avenenti, Warden Robert Corbin, Attorney GeneralCourt of Appeals for the Ninth Circuit · 1988
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Larry O. KurtenbachCourt of Appeals for the Eighth Circuit · 1975
- Kenneth H. Winchell v. David LortscherCourt of Appeals for the Eighth Circuit · 1967
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