Legal Opinion

Universal Film Exchanges, Inc. v. Bernard Lust, Trading as Sydney Lust Theatres, and Independent Theatres, Inc.

Court of Appeals for the Fourth Circuit

Decided June 11, 1973No. 72-2466PublishedCited by 86 opinions

1Opinion of the Court

SOBELOFF, Senior Circuit Judge:

The question presented in this appeal is whether the District Court properly denied a Rule 60(b)¡(l), F.R.Civ.P., motion to vacate a summary judgment entered against the appellant, Independent Theatres, Inc. Rule 60(b)(1) reads, in pertinent part:

On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect * *

Appellant’s attorney contends that although his manner of advocacy in this case well might…

2Cases cited6 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Tozer v. Charles A. Krause Milling Co.Court of Appeals for the Third Circuit · 1951
  3. Smith v. AyerSupreme Court of the United States · 1880
  4. Tolson v. HodgeCourt of Appeals for the Fourth Circuit · 1969
  5. Joseph Schwarz v. United StatesCourt of Appeals for the Second Circuit · 1967

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

3Cited by86 opinions

  1. GTE Automatic Electric, Inc. v. ARC Industries, Inc.Ohio Supreme Court · 1976
  2. Ovall Dale Kendall v. The Hoover CompanyCourt of Appeals for the Sixth Circuit · 1984
  3. Robinson v. Wix Filtration Corp. LLCCourt of Appeals for the Fourth Circuit · 2010
  4. Herman T. DOVE, Appellant, v. CODESCO, Formerly Known as Washington Dental Supply Company, AppelleeCourt of Appeals for the Fourth Circuit · 1978
  5. Howard J. Kotlicky v. United States Fidelity & Guaranty CompanyCourt of Appeals for the Second Circuit · 1987

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

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