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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.