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· 4/1/1971

Transit Casualty Company, Etc. v. Security Trust Company, Etc.

Citations

  • 441 F.2d 788
  • 14 Fed. R. Serv. 2d 1609
  • 15 A.L.R. Fed. 186
  • 1971 U.S. App. LEXIS 10983

How courts have described this case

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

  • holding that “Rule 60(b)(1) and Rule 60(b)(6) are not pari passu and are mutually exclusive” such that “[t]he reason for relief set forth in Rule 60(b)(1) cannot be the basis for relief under Rule 60(b)(6)”
  • stating that a Rule 60(b) motion “can be made even though an appeal has been taken and is pending”
  • construing Rule 60(b)(5) motion as Rule 60(b)(6) motion after determining, under Bailey, that relief was unavailable under Rule 60(b)(5)
  • “Although plaintiffs appealed from the order of dismissal, such appeal does not toll the time for making a 60(b) motion.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bell, Dyer, Roney

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.