Legal Opinion
American Elastics, Inc. v. United States
District Court, S.D. New York
Decided April 5, 1949No. Civ. 36-145PublishedCited by 4 opinions
1Opinion of the Court
RIFKIND, District Judge.
Plaintiff moves, after judgment, for four categories of relief. I shall treat them seriatim.'
1. A new trial, pursuant to Federal Rules pf Civil Procedure, rule 59(a), 28 U.S.C.A.
One ground assigned for this motion is that of “new evidence”. Significantly, plaintiff does not mention “newly discovered evidence”. The “new evidence” consists of defendant’s “memorandum for the files” dated March 15, 1945, The uncontradicted affidavit of the Assistant United States Attorney, appearing for the defendant, states that a copy of this memor*199andum was furnished thé plaintiff many…
2Cases cited4 opinions
- Petterson Lighterage & T. Corp. v. New York Central R. Co.Court of Appeals for the Second Circuit · 1942
- Bremer v. Manhattan Railway Co.New York Court of Appeals · 1908
- Knaust Bros. v. GoldschlagDistrict Court, S.D. New York · 1939
- City Bank Farmers Trust Co. v. CannonAppellate Division of the Supreme Court of the State of New York · 1942
3Cited by4 opinions
- Donald Lepore v. Stuart VidocklerCourt of Appeals for the First Circuit · 1986
- Ilardi v. Bechtel Power Corp.District Court, E.D. New York · 1985
- Crane Co. v. American Standard, Inc.District Court, S.D. New York · 1980
- Armstrong v. O'CONNELLDistrict Court, E.D. Wisconsin · 1976