Legal Opinion

Airline Pilots v. Executive Airlines, Inc.

Court of Appeals for the First Circuit

Decided February 2, 1978No. Nos. 77-1448, 77-1471PublishedCited by 30 opinions

1Per curiam

The sole issue in this case is whether the district court erred as a matter of law in allowing Airline Pilots Union, plaintiff-ap-pellee, to file its Notice of Appeal late pursuant to Rule 4(a) of the Federal Rules of Appellate Procedure. The pertinent portion of the rule reads:

Upon a showing of excusable neglect, the district court may extend the time for filing the notice of appeal by any party for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this subdivision.

The undisputed facts are these. The Notice of Appeal was dated and mailed on September 2,…

2Cases cited3 opinions

  1. Albert M. Spound v. Mohasco Industries, Inc., Albert M. Spound v. Mohasco Industries, Inc.Court of Appeals for the First Circuit · 1976
  2. James P. Pasquale v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1969
  3. Robert W. Flint, Jr. v. Francis Howard, Warden, Adult Correctional InstitutionCourt of Appeals for the First Circuit · 1972

3Cited by30 opinions

  1. R.E. Rodgers and Barbara Rodgers v. James G. Watt, Secretary of the Interior of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1983
  2. Douglas E. Baker v. Larry RaulieCourt of Appeals for the Sixth Circuit · 1989
  3. Redfield v. Continental Casualty Corp.Court of Appeals for the Seventh Circuit · 1987
  4. Estate Butler's Tire & Battery Co., Inc. v. Ferrous Financial ServicesCourt of Appeals for the Ninth Circuit · 1979
  5. Jacqueline Selph v. Council of the City of Los AngelesCourt of Appeals for the Ninth Circuit · 1979

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