· 9/29/1982
Al K. Plotkin, and Gerald Kilgore, Individually and Dba Jk Sports Journal v. Pacific Telephone and Telegraph Company, a Corporation
Citations
- 688 F.2d 1291
- 34 Fed. R. Serv. 2d 1658
- 1982 U.S. App. LEXIS 25213
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “an appeal from an interlocutory order does not stay the 6 proceedings” and “does not divest the trial court of jurisdiction to continue with other 7 phases of the case”
- agreeing 19 with district court finding that Rule 60(b) motion did not comply with the reasonable time 20 requirement where the motion was filed 18 days after time for appeal of the order expired
- “[I]t is firmly established that an appeal from an interlocutory order does not divest the trial court of jurisdiction to continue with other phases of the case.”
- “it is firmly established that an appeal from an interlocutory order does not divest the trial court of jurisdiction to continue with other phases of the case”
- “In order to bring himself within the limited area of Rule 60(b), a petitioner is required to establish the existence of extraordinary circumstances which prevented or rendered him unable to prosecute an appeal.”
- “In order to bring himself within the limited area of Rule 60(b), a petitioner is required to establish the existence of extraordinary circumstances which prevented or rendered him unable to prosecute an appeal.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ely, Norris, Gilliam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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