Legal Opinion
Baruch v. Beech Aircraft Corporation
Court of Appeals for the Tenth Circuit
Decided January 31, 1949No. 3765PublishedCited by 23 opinions
1Opinion of the Court
MURRAH, Circuit Judge.
We are petitioned to remand this appeal to allow the trial court to entertain a motion for a new trial under Rule 60, Federal Rules of Civil Procedure, 28 U.S.C.A. based upon newly discovered evidence in the nature of testimony of two witnesses, who, in a 'subsequent proceedings, are said to have given materially different, if not contradictory, testimony on a decisive issue ¡in this suit. It is said that the difference in the testimony of the two witnesses is such as to warrant a new trial.
The appeal has been perfected, the ¡record filed, and we should not remand it,…
2Cases cited5 opinions
- Marshall's U. S. Auto Supply, Inc. v. CashmanCourt of Appeals for the Tenth Circuit · 1940
- Bennett Drug Stores Inc. v. MoselyCourt of Appeals of Georgia · 1942
- Ratliffe v. Wesley Hospital & Nurses Training SchoolSupreme Court of Kansas · 1932
- Morlan v. Hutchinson-HyattSupreme Court of Kansas · 1924
- Arkansas-Missouri Power Corp. v. City of RectorCourt of Appeals for the Eighth Circuit · 1947
3Cited by23 opinions
- Smith v. PollinCourt of Appeals for the D.C. Circuit · 1952
- Joseph A. Weiss v. Emerich HunnaCourt of Appeals for the Second Circuit · 1963
- Greater Boston Television Corporation v. Federal Communications Commission, Whdh, Inc., a Massachusetts Corporation, Intervenor. Whdh, Inc. v. Federal Communications Commission, Greater Boston Television Corporation, a Massachusetts Corporation, Intervenor. Charles River Civic Television, Inc. v. Federal Communications Commission, Whdh, Inc., Boston Broadcasters Inc., Intervenors. Whdh, Inc. v. Federal Communications Commission, Boston Broadcasters, Inc., Intervenor. Greater Boston Tv Co., Inc. v. Federal Communications Commission, Whdh, Inc., Boston Broadcasters Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1971
- Spence v. Allstate Insurance Co.Tennessee Supreme Court · 1994
- Majnaric v. MajnaricOhio Court of Appeals · 1975
18 more not listed; retrieve them via the Exa API.