Carl McMichael v. United States

Eighth Circuit

Carl McMichael v. United States

856 F.2d 1024, 1988 U.S. App. LEXIS 19457

CourtCourt of Appeals for the Eighth Circuit

DecidedAugust 25, 1988

Docket87-1634 to 87-1640, 87-1707

StatusPublished

Cited by8 cases

This text of 856 F.2d 1024 (Carl McMichael v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carl McMichael v. United States, 856 F.2d 1024, 1988 U.S. App. LEXIS 19457 (8th Cir. 1988).

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Opinion

ORDER

Before JOHN R. GIBSON, Circuit Judge, BRIGHT, Senior Circuit Judge, and MAGILL, Circuit Judge.

The motion of the United States to vacate the judgment in favor of plaintiff-ap-pellee Billy Harrison is before the court. The motion is based on the failure of the notice of appeal to include Harrison’s name and the issuance of the recent opinion of the Supreme Court in Torres v. Oakland Scavenger Company, et al., — U.S. —, 108 S.Ct. 2405, 101 L.Ed.2d 285 (1988). This issue was presented to the court before. See Harrison v. United States, 715 F.2d 1311 (8th Cir.1983). Pursuant to the opinion issued at that time, an order was entered that the notice of appeal be amended to include Billy Harrison. Materials have been filed with the court revealing that the parties have stipulated the amount of damages of some of the appellees, expressly stating that the government’s right to appeal a liability issue was not waived. Ordinarily a procedural change in the law, such as announced in Torres, is not given retroactive application. Particularly under the circumstances presented in this case, we decline to do so. The motion to vacate the judgment as to plaintiff-appellee Billy Harrison is denied.

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ORDER

Before JOHN R. GIBSON, Circuit Judge, BRIGHT, Senior Circuit Judge, and MAGILL, Circuit Judge.

The motion of the United States to vacate the judgment in favor of plaintiff-ap-pellee Billy Harrison is before the court. The motion is based on the failure of the notice of appeal to include Harrison’s name and the issuance of the recent opinion of the Supreme Court in Torres v. Oakland Scavenger Company, et al., — U.S. —, 108 S.Ct. 2405, 101 L.Ed.2d 285 (1988). This issue was presented to the court before. See Harrison v. United States, 715 F.2d 1311 (8th Cir.1983). Pursuant to the opinion issued at that time, an order was entered that the notice of appeal be amended to include Billy Harrison. Materials have been filed with the court revealing that the parties have stipulated the amount of damages of some of the appellees, expressly stating that the government’s right to appeal a liability issue was not waived. Ordinarily a procedural change in the law, such as announced in Torres, is not given retroactive application. Particularly under the circumstances presented in this case, we decline to do so. The motion to vacate the judgment as to plaintiff-appellee Billy Harrison is denied.

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Bluebook (online)

856 F.2d 1024, 1988 U.S. App. LEXIS 19457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carl-mcmichael-v-united-states-ca8-1988.

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