Edward E. Landers v. Dr. Allen L. Ault, Etc., Robert H. Veal v. Dr. Allen L. Ault, Etc., Hugh Don Smith v. George Scheer
This text of 568 F.2d 1232 (Edward E. Landers v. Dr. Allen L. Ault, Etc., Robert H. Veal v. Dr. Allen L. Ault, Etc., Hugh Don Smith v. George Scheer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
These consolidated cases are companion cases to Allen v. Ault, 564 F.2d 1198 (1977) and are controlled by it.
In each of these cases, as in Allen v. Ault, the motion for new trial was timely served but was not filed within the ten-day requirement of Rule 59(b).
In each case the order of dismissal is REVERSED and the cause REMANDED for a determination whether the filing of the motion was timely within Rule 5(d), F.R.Civ.P.
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