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· 6/8/1981

Robert M. Hensley v. The Chesapeake & Ohio Railway Company, a Corporation, Robert M. Hensley v. The Chesapeake & Ohio Railway Company, a Corporation

Citations

  • 651 F.2d 226
  • 31 Fed. R. Serv. 2d 1327

How courts have described this case

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

  • “[TJhe Second Circuit has aptly noted that the courts that have found ‘unique circumstances’ meriting the avoidance of Rule 77(d) ... ‘have required more than the mere failure to notify the parties that judgment has been entered.’ ”
  • explaining “Rule 77(d) bars Rule 60(b) relief” under such circumstances
  • “[EJxcept upon ... unique circumstances, Fed.R.Civ.P. 60(b) may not be used to avoid the mandate of Fed.R.Civ.P. 77(d) that the lack of notice of entry of judgment does not affect the time to appeal prescribed in Fed.R.Civ.P. 4(a)........ The time requirements of Rule 4(a

Source: CourtListener parenthetical corpus (CC0).

Judges: Phillips, Sprouse, Ervin

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