Universal Film Exchanges, Inc. v. Bernard Lust, Trading as Sydney Lust Theatres, and Independent Theatres, Inc.
Court of Appeals for the Fourth Circuit
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
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Tozer v. Charles A. Krause Milling Co.Court of Appeals for the Third Circuit · 1951
- Smith v. AyerSupreme Court of the United States · 1880
- Tolson v. HodgeCourt of Appeals for the Fourth Circuit · 1969
- Joseph Schwarz v. United StatesCourt of Appeals for the Second Circuit · 1967
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- Herman T. DOVE, Appellant, v. CODESCO, Formerly Known as Washington Dental Supply Company, AppelleeCourt of Appeals for the Fourth Circuit · 1978
- Howard J. Kotlicky v. United States Fidelity & Guaranty CompanyCourt of Appeals for the Second Circuit · 1987
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