Legal Opinion
United States v. $22,640.00 in United States Currency, James S. Bates and Dennis E. Hendrix, Claimants-Appellants
Court of Appeals for the Fifth Circuit
Decided April 11, 1980No. 78-2079PublishedCited by 19 opinions
1Opinion of the Court
COLEMAN, Chief Judge.
In this civil forfeiture proceeding the District Court granted a default judgment for the United States based upon failure of anyone to contest the Complaint of Forfeiture. Appellants filed a Motion to Vacate Order and Final Decree of Forfeiture. The District Court denied it on the ground that the client’s failure to notify the lawyers of the pending Complaint of Forfeiture was not “excusable neglect” within the meaning of Rule 60(b)(1) 1 of the Federal Rules of Civil Procedure.
Bates and Hendrix appeal, contending that (1) their participation as attorneys for the owners…
2Cases cited6 opinions
- Carl M. Pearson v. Harry A. Skydell and Arnold Dutchen v. Ecological Science Corp.Court of Appeals for the Fifth Circuit · 1975
- United States v. Araceli Cremata GrandaCourt of Appeals for the Fifth Circuit · 1978
- United States v. Currency Totalling $48,318.08, Philip A. Demassa, Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1980
- Hand v. United StatesCourt of Appeals for the Fifth Circuit · 1971
- Capps v. Humble Oil & Refining Co.Court of Appeals for the Fifth Circuit · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lavespere v. Niagara Machine & Tool Works, Inc.Court of Appeals for the Fifth Circuit · 1990
- 29 Fair empl.prac.cas. 442, 29 Empl. Prac. Dec. P 32,851, 10 Fed. R. Evid. Serv. 1410 Curtis Jackson, W. C. McClendon Lige Scretchen, Nathaniel Cooper and W. E. Parker, Cross-Appellants v. Seaboard Coast Line Railroad Company, Brotherhood Railway Carmen of the United States and Canada, Cross-Appellee. Curtis Jackson, W. C. McClendon Lige Scretchen v. Seaboard Coast Line Railroad, Co., Brotherhood Railway Carmen of the United States and CanadaCourt of Appeals for the Eleventh Circuit · 1982
- Davis v. MuslerCourt of Appeals for the Second Circuit · 1983
- United States v. One 1978 Piper Navajo Pa-31, Aircraft, Etc.Court of Appeals for the Fifth Circuit · 1984
- U.S. Aviation, Inc. v. Wyoming Avionics, Inc.Wyoming Supreme Court · 1983
14 more not listed; retrieve them via the Exa API.