Legal Opinion

In the Matter of Orbitec Corporation, Bankrupt. May McCormack v. Robert B. Schindler, Trustee

Court of Appeals for the Second Circuit

Decided July 31, 1975No. Docket 75-5010PublishedCited by 39 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge:

This motion to dismiss an appeal poses some problems concerning the interpretation of the last paragraph of F.R.A.P. 4(a) 1 that have not previously been squarely presented in this circuit. The first paragraph of the Rule provides that in civil cases (other than those to which the United States or an officer or agency thereof is a party), including proceedings in bankruptcy, notice of appeal from the district court to the court of appeals must be filed “within 30 days of the entry of judgment.” The third paragraph provides:

Upon a showing of excusable neglect, the…

2Cases cited7 opinions

  1. James P. Pasquale v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1969
  2. Plant Economy, Inc. v. Mirror Insulation Company, Inc.Court of Appeals for the Third Circuit · 1962
  3. C-Thru Products, Inc. And Leon Laguerre v. Uniflex, Inc.Court of Appeals for the Second Circuit · 1968
  4. Lavina TOROCKIO Et Al., Appellants, v. CHAMBERLAIN MFG. CO., a Corp., Et Al.Court of Appeals for the Third Circuit · 1972
  5. Nichols-Morris Corporation v. Robert E. MorrisCourt of Appeals for the Second Circuit · 1960

2 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Norman L. Birl v. W. J. Estelle, Jr., Director Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
  2. Vito Matarese v. Eugene Lefevre, Superintendent, Clinton Correctional Facility, and Robert Abrams, Attorney General, State of New YorkCourt of Appeals for the Second Circuit · 1986
  3. Alejandro Sanchez v. Board of Regents of Texas Southern UniversityCourt of Appeals for the Fifth Circuit · 1980
  4. In Re Cosmopolitan Aviation Corp.Court of Appeals for the Second Circuit · 1985
  5. In Re Leasing Services, Inc.Court of Appeals for the Second Circuit · 1985

34 more not listed; retrieve them via the Exa API.

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