Edward E. Landers v. Dr. Allen L. Ault, Etc., Robert H. Veal v. Dr. Allen L. Ault, Etc., Hugh Don Smith v. George Scheer

Fifth Circuit

Edward E. Landers v. Dr. Allen L. Ault, Etc., Robert H. Veal v. Dr. Allen L. Ault, Etc., Hugh Don Smith v. George Scheer

568 F.2d 1232

Court of Appeals for the Fifth Circuit·Decided February 28, 1978·No. 77-3181·Published

Opinion

PER CURIAM:

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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PER CURIAM:

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.

Edward E. Landers v. Dr. Allen L. Ault, Etc., Robert H. Veal v. Dr. Allen L. Ault, Etc., Hugh Don Smith v. George Scheer, 568 F.2d 1232 (5th Cir. 1978).

Pincite

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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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