Legal Opinion
Balbirer v. Austin (In Re Austin)
United States Bankruptcy Court, S.D. Florida.
Decided January 3, 1983No. 19-11462PublishedCited by 4 opinions
1Opinion of the Court
ORDER DENYING NEW TRIAL
THOMAS C. BRITTON, Bankruptcy Judge.
Plaintiffs’ motion for new trial (C.P. No. 16) was heard on December 27. It is denied.
The motion, sixteen pages with attachments, is accompanied by a memorandum, 78 pages with attachments. Most of mov-ants’ argument assumes matters not produced at trial. Movants seek a new trial in order to present this “newly discovered evidence”. The proffered evidence includes court records which have been in existence since 1980 in litigation in which the plaintiffs were parties or privies, and the testimony of plaintiffs’ attorneys. Movants’…
2Cases cited7 opinions
- Brown v. FelsenSupreme Court of the United States · 1979
- United States v. Swift & Co.Supreme Court of the United States · 1932
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Kaspar Wire Works, Inc. v. Leco Engineering and MacHine Inc.Court of Appeals for the Fifth Circuit · 1978
- Harding v. HardingSupreme Court of the United States · 1905
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3Cited by4 opinions
- Pacific Energy & Minerals, Ltd. v. Austin (In Re Austin)United States Bankruptcy Court, D. Colorado · 1988
- Klingman v. LevinsonDistrict Court, N.D. Illinois · 1986
- In Re Furniture Distributors, Inc.United States Bankruptcy Court, D. Massachusetts · 1984
- United States v. Taylor (In Re Taylor)United States Bankruptcy Court, S.D. Indiana · 1991