Legal Opinion
Sleek v. J. C. Penney Co.
District Court, W.D. Pennsylvania
Decided June 28, 1960No. Civ. A. No. 15322PublishedCited by 2 opinions
1Opinion of the Court
WILLSON, District Judge.
A judgment of dismissal in this civil action was entered pursuant to my order of March 3, 1960. On April 2, 1960, plaintiff, by counsel, filed a motion to set aside the order of dismissal on the ground of excusable neglect. Although the motion does not indicate under which rule the movant is proceeding, it is apparent that only Rule 60 of the Federal Rules of Civil Procedure, 28 U.S.C.A., providing for relief from a judgment due to excusable neglect has application at this juncture, and the motion will be so treated. As such, the motion must be denied.
From the motion…
2Cases cited5 opinions
- Safeway Stores, Inc. v. CoeCourt of Appeals for the D.C. Circuit · 1943
- Greenspahn v. Joseph E. Seagram & Sons, Inc.Court of Appeals for the Second Circuit · 1951
- Burton R. Raughley v. Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1956
- William Kelly v. Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1955
- Dr. Frederick Yates, M.D. v. Rudolph B. BehrendCourt of Appeals for the D.C. Circuit · 1960
3Cited by2 opinions
- Lerman v. Inhabitants of City of PortlandSupreme Judicial Court of Maine · 1979
- Sleek v. J. C. Penney Co.District Court, W.D. Pennsylvania · 1962