Lehman v. United States

OPINION

KRAFT, District Judge.

Plaintiff’s counsel has filed a motion for a new trial which, in effect, alleges that plaintiff was deprived of her day in court because her counsel was not given adequate time to notify plaintiff to be in court prior to the commencement of her trial. The real purpose of the motion, however, is to relieve counsel of the consequences of his own inattention.

In support of the motion, plaintiff and her counsel have filed affidavits averring that they were informed by the trial Judge’s law clerk, on Friday, March 13, 1970, that plaintiff could remain at home in…