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· 10/14/1905

The Phœnix

Citations

  • 143 F. 350
  • 1905 U.S. Dist. LEXIS 23

How courts have described this case

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

  • citing, inter alia, 11 Charles Alan Wright, Arthur R. Miller, and Mary Kay Kane, Federal Practice & Procedure § 2864 at 359-60 and n.25 (2d ed. 1995)
  • “Rule 60(b)(1) allows the Court” to grant relief from judgment if the motion is “filed within a reasonable time not exceeding the time for appeal.”
  • “The appeal ... from the denial of the [60(b) ] is in fact an untimely appeal from the final judgment that the Rule 60(b) motion challenged, and ... must be dismissed.”
  • “[Arguments not raised on appeal by a pro se litigant are deemed abandoned.”
  • “Kraft has moved for relief from judgment in the same action where the judgment was rendered; he has not filed an independent action to relieve him from judgment, so 60(d)(1) is inapposite.”
  • construing 4 a Rule 60(b)(4) motion as a Rule 60(b)(3

Source: CourtListener parenthetical corpus (CC0).

Judges: Adams

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.