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· 1/18/1978

Herman T. DOVE, Appellant, v. CODESCO, Formerly Known as Washington Dental Supply Company, Appellee

Citations

  • 569 F.2d 807
  • 24 Fed. R. Serv. 2d 967
  • 1978 U.S. App. LEXIS 13006
  • 15 Empl. Prac. Dec. (CCH) 8042
  • 16 Fair Empl. Prac. Cas. (BNA) 643

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that timely appeal of order regarding Rule 59 motion brings both Rule 59 order and underlying order before appeals court
  • providing that motion should be treated as Rule 59(e) motion if filed within time period prescribed by rule, “however it may be formally styled”
  • holding that the filing of a timely Rule 59 motion tolls the period for filing an appeal from the underlying order and that timely appeal of order regarding Rule 59 motion brings both Rule 59 order and underlying order before appeals court
  • defining the term “dismissal without prejudice” to mean “A dismissal that does not bar the plaintiff from refiling the lawsuit within the applicable limitations period”
  • construing dismissal without prejudice as dismissal with prejudice where the plaintiff could not refile the action due to statute of limitations
  • construing dismissal without prejudice as dismissal with prejudice where the plaintiff could not refile the action due to statute of limitations

Source: CourtListener parenthetical corpus (CC0).

Judges: Winter, Butzner, Field

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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.