Legal Opinion

Josephine Ann Sleek v. J. C. Penney Company, Inc

Court of Appeals for the Third Circuit

Decided June 27, 1961No. 13456_1PublishedCited by 43 opinions

1Opinion of the Court

HASTIE, Circuit Judge.

On March 3, 1960, the District Court entered a default order dismissing this personal injury action with prejudice because of the failure of the appellant, plaintiff below, to file her Pre-trial Statement within the time prescribed by the court in the last of a series of orders. On April 2, 1960, appellant filed a motion under Rule 60(b), Federal Rules of Civil Procedure, 28 U.S.C., to set aside the dismissal on the ground that default had resulted from excusable neglect, and on June 28, 1960, the court denied that motion. On July 25,1960, appellant filed an extensive…

2Cases cited4 opinions

  1. Tozer v. Charles A. Krause Milling Co.Court of Appeals for the Third Circuit · 1951
  2. Leishman v. Associated Wholesale Electric Co.Supreme Court of the United States · 1943
  3. Burton R. Raughley v. Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1956
  4. William Kelly v. Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1955

3Cited by43 opinions

  1. Meral Smith v. Melvin H. EvansCourt of Appeals for the Third Circuit · 1988
  2. Arnold Schildhaus v. Kenneth W. Moe, as District Director of Internal RevenueCourt of Appeals for the Second Circuit · 1964
  3. Quillie B. Woodham v. The American Cystoscope Company of Pelham, N. Y., and the Xyz CorporationCourt of Appeals for the Fifth Circuit · 1964
  4. Associated Hardware Supply Co. v. The Big Wheel Distributing CompanyCourt of Appeals for the Third Circuit · 1966
  5. Judie W. McDowell v. Anthony J. Celebrezze, Secretary of the United States Department of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1962

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