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eBook details

• Title: United States v. Long
• Author : United States Court of Appeals for the Eighth Circuit
• Release Date : January 09, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

This case vividly illustrates that failure to follow federal rules of civil and appellate procedure can result in the loss of valuable rights of review. In this product liability action, Terry Wayne Sanders, plaintiff, appeals from the district courts orders granting summary judgment for Clemco Industries (Clemco) and Ingersoll-Rand Company (Ingersoll), defendants, and denying Sanders motion to reconsider and set aside the summary judgment order. Sanders filed this appeal within thirty days after the district court denied his motion for reconsideration, but more than thirty days after entry of the order for summary judgment. Because Sanders made his motion for reconsideration more than ten days after the order for summary judgment, which the parties viewed as the final judgment in the case, that motion did not toll the deadline for filing a notice of appeal of the summary judgment, and his appeal of that order is untimely. Therefore, Sanders may appeal only the denial of his motion for reconsideration.

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