Legal Opinion
Francis X. Donovan v. Penn Shipping Co, Inc. And Penn Trans Co., Inc.
Court of Appeals for the Second Circuit
Decided June 8, 1976No. 768, Docket 74-2694PublishedCited by 22 opinions
1Opinion of the Court
LUMBARD, Circuit Judge:
This case squarely presents for resolution a procedural question which has been the subject of extended discussion in several recent opinions of this court. In seeking review of a $65,000 judgment in his favor, entered in the Southern District on August 6, 1975 following a two day trial before Judge Gurfein and a jury, Francis X. Donovan urges that we modify the well established rule in this circuit and permit direct appeal from orders of remittitur accepted “under protest.” We disagree with this suggestion.
Rather, having carefully weighed the competing policy…
2Cases cited4 opinions
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- Woodworth v. ChesbroughSupreme Court of the United States · 1917
- Alf Reinertsen v. George W. Rogers Construction CorporationCourt of Appeals for the Second Circuit · 1975
- Julio Evans v. Calmar Steamship Co.Court of Appeals for the Second Circuit · 1976
3Cited by22 opinions
- Donovan v. Penn Shipping Co.Supreme Court of the United States · 1977
- Allsup's Convenience Stores, Inc. v. North River InsuranceNew Mexico Supreme Court · 1998
- Carl O. Akermanis, Plaintiff-Appellee-Cross-Appellant v. Sea-Land Service, Inc., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1982
- Call Carl, Inc. v. BP Oil Corp.Court of Appeals for the Fourth Circuit · 1977
- Antilles School, Inc. v. LembachSupreme Court of The Virgin Islands · 2016
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