Legal Opinion

Grant Reynolds, and the Estate of Dale C. Eckert Corporation v. Philip B. Wagner William Simon

Court of Appeals for the Ninth Circuit

Decided May 26, 1995No. 93-56629PublishedCited by 29 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

What constitutes “excusable neglect” when the appellant fails to file a notice of appeal on time? We must interpret what, the Supreme Court did not say in a recent ease.

I .

In 1982, the Dale C. Eckert Corporation (“Eckert”), a general contractor, entered into a construction contract with Orange Tree Associates, a developer. Pursuant to that contract, Eckert was to construct a 100-unit condominium complex in Long Beach, California, for which Orange Tree was to pay it $5.3 million. Orange Tree funded the project by borrowing $10.56 million from State Savings and Loan…

2Cases cited9 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  3. United States v. Michael Paul HouserCourt of Appeals for the Ninth Circuit · 1986
  4. Alaska Limestone Corp. v. HodelCourt of Appeals for the Ninth Circuit · 1986
  5. United States v. Marcus HooperCourt of Appeals for the Second Circuit · 1993

4 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Wilma J. Thompson v. E.I. Dupont De Nemours & Co., Incorporated, Wilma J. Thompson v. E.I. Dupont De Nemours & Co., IncorporatedCourt of Appeals for the Fourth Circuit · 1996
  2. Gale PRIZEVOITS, Plaintiff-Appellant, v. INDIANA BELL TELEPHONE COMPANY, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1996
  3. Halicki v. Louisiana Casino Cruises, Inc.Court of Appeals for the Fifth Circuit · 1998
  4. Marx v. Loral Corp.Court of Appeals for the Ninth Circuit · 1996
  5. Michele A. Robb, Individually and as a Personal Representative of the Estate of Paul D. Robb v. Norfolk & Western Railway CompanyCourt of Appeals for the Seventh Circuit · 1997

24 more not listed; retrieve them via the Exa API.

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