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Wolfsohn v. Hankin

U.S.
Feb 24, 1964
376 U.S. 203 (1964)

Summary

extending time to move for a rehearing where extension was granted within the statutory deadline

Summary of this case from Bowles v. Russell

Opinion

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

No. 680.

Decided February 24, 1964.

Certiorari granted and judgment reversed.

Reported below: 116 U.S.App.D.C. 127, 321 F.2d 393.

Fred I. Simon for petitioner.

Gregory Hankin, pro se, and John V. Long for respondent Hankin.


The petition for writ of certiorari is granted and the judgment is reversed. Harris Truck Lines, Inc., v. Cherry Meat Packers, Inc., 371 U.S. 215; Thompson v. Immigration and Naturalization Service, 375 U.S. 384.


I have concluded that Harris Truck Lines v. Cherry Meat Packers, 371 U.S. 215 (1962), should be confined to its peculiar facts, i. e., a finding of "excusable neglect" under Rule 73(a) of the Federal Rules of Civil Procedure. I say this, although I joined Harris, because the Court has used Harris to spawn the present hopeless confusion which I never contemplated at the time of its decision. Harris was the authority upon which the Court rested Thompson v. Immigration and Naturalization Service, 375 U.S. 384 (1964), despite the fact that Thompson involved Rules 52(b) and 59(b) and (e) with their specific requirements that the motion must be made or served not later than 10 days after the entry of judgment. The Court brushed aside these express and unambiguous mandates of Congress with the assertion that Thompson "fits squarely within the letter and spirit of Harris." 375 U.S. 384, 387. And now comes a third case, involving the same Rule 59(b), which further compounds the subversion of the rules. It appears clear to me that through Harris this Court has given trial judges the de facto power to grant extensions of time, directly contra to the definite requirements of Rules 52(b) and 59 and the command of Rule 6(b) that the court "may not extend the time for taking any action under rules . . . 52(b), 59(b), (d) and (e) . . . ." I therefore respectfully dissent.


Summaries of

Wolfsohn v. Hankin

U.S.
Feb 24, 1964
376 U.S. 203 (1964)

extending time to move for a rehearing where extension was granted within the statutory deadline

Summary of this case from Bowles v. Russell

In Wolfsohn, a case decided later that same term (and the case most similar to ours), the district court entered summary judgment for defendant on May 7, 1962.

Summary of this case from Pinion v. Dow Chemical, U.S.A

In Wolfsohn, decided the same year, the Court, on the authority of Thompson and Harris Truck Lines v. Cherry Meat Packers, 371 U.S. 215, 83 S.Ct. 283, 9 L.Ed.2d 261 (1962) (per curiam) (party could rely on district court's finding of "excusable neglect" to extend time for filing notice of appeal), summarily reversed without opinion the judgment of the Court of Appeals dismissing a late appeal when the district court had extended the 10-day period of Rule 59(b).

Summary of this case from Kraus v. Consolidated Rail Corp.

In Wolfsohn, four days after the district court granted summary judgment against appellant, appellant moved for an extension of time within which to file a motion for rehearing under Rule 59, Fed.R.Civ.P. Wolfsohn v. Hankin, 321 F.2d 393, 394 (D.C.Cir. 1963) (per curiam).

Summary of this case from United Artists Corp. v. La Cage Aux Folles, Inc.
Case details for

Wolfsohn v. Hankin

Case Details

Full title:WOLFSOHN, EXECUTRIX, v . HANKIN ET AL

Court:U.S.

Date published: Feb 24, 1964

Citations

376 U.S. 203 (1964)
84 S. Ct. 699

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