Legal Opinion

James P. Pasquale v. Robert H. Finch, Secretary of Health, Education and Welfare

Court of Appeals for the First Circuit

Decided December 2, 1969No. 7371PublishedCited by 65 opinions

1Opinion of the Court

COFFIN, Circuit Judge.

The government has appealed from a final judgment by the district court, Pasquale v. Cohen, 296 F.Supp. 1088 (D.R.I.1969), granting the plaintiff Pasquale’s motion for summary judgment and denying the defendant government’s similar motion. While resisting the government’s appeal on the merits, Pas quale also contends that the government lost its right to appeal by waiting 103 days before noticing its appeal. We consider the plaintiff’s procedural objections first.

The district court entered its final judgment on March 11, 1969, remanding the case to the Secretary of…

2Cases cited13 opinions

  1. Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc.Supreme Court of the United States · 1962
  2. Paul L. Fitzsimmons v. Howard Yeager, Principal Keeper of the New Jersey State Prison at trenton,n.j. And the State of New JerseyCourt of Appeals for the Third Circuit · 1968
  3. Reconstruction Finance Corp. v. Prudence Securities Advisory GroupSupreme Court of the United States · 1941
  4. Plant Economy, Inc. v. Mirror Insulation Company, Inc.Court of Appeals for the Third Circuit · 1962
  5. Evans v. JonesCourt of Appeals for the Fourth Circuit · 1966

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3Cited by65 opinions

  1. Hinton v. City Of ElwoodCourt of Appeals for the Tenth Circuit · 1993
  2. Hinton v. City of ElwoodCourt of Appeals for the Tenth Circuit · 1993
  3. Feltch v. General Rental Co.Massachusetts Supreme Judicial Court · 1981
  4. Cullen Enterprises, Inc. v. Massachusetts Property Insurance Underwriting Ass'nMassachusetts Supreme Judicial Court · 1987
  5. Pontarelli v. StoneCourt of Appeals for the First Circuit · 1991

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