Safeway Stores, Inc. v. Coe

In my opinion, the majority has misconceived the meaning of Rule 59, and, if its decision stands, the rule will be distorted in its application, to the serious prejudice of litigants in the Federal courts. The important question of the case is whether appellant’s motion of November 17, 1941 was a motion for new trial within the meaning of Rule 59(a) (b). The majority concludes that it was, by the following process of reasoning: (1) A new trial may be granted, under the rule, for any of the reasons for which rehearings have heretofore been granted in suits in equity, under Equity Rule 69; (2)…