Legal Opinion
Constien v. United States
Court of Appeals for the Tenth Circuit
Decided December 9, 2010No. 10-6153PublishedCited by 79 opinions
1Opinion of the Court
HARTZ, Circuit Judge.
The United States District Court for the Western District of Oklahoma dismissed without prejudice Virginia Kaye Constien’s suit against the United States and several agencies and officials for failure to serve them with process in accordance with Federal Rule of Civil Procedure 4. Ms. Constien appeals the dismissal. The government argues that we lack jurisdiction because the district court did not set out its final judgment in a separate document. We hold that we have jurisdiction under 28 U.S.C. § 1291 and affirm.
I. JURISDICTION
Before turning to the merits of the appeal,…
2Cases cited15 opinions
- Bowles v. RussellSupreme Court of the United States · 2007
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- Van Cauwenberghe v. BiardSupreme Court of the United States · 1988
- Bolden v. City of TopekaCourt of Appeals for the Tenth Circuit · 2006
- Firstier Mortgage Co. v. Investors Mortgage InsuranceSupreme Court of the United States · 1991
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3Cited by79 opinions
- Lewis v. ClarkCourt of Appeals for the Tenth Circuit · 2014
- Johnson v. Boston Public SchoolsCourt of Appeals for the First Circuit · 2018
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- Barnum v. City of TulsaCourt of Appeals for the Tenth Circuit · 2014
- Shepherd v. HolderCourt of Appeals for the Tenth Circuit · 2012
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