EDWARD E. LANDERS, PLAINTIFF-APPELLEE,
v.
DR. ALLEN L. AULT, ETC., ET AL., DEFENDANTS-APPELLANTS; ROBERT H. VEAL, PLAINTIFF-APPELLEE, V. DR. ALLEN L. AULT, ETC., ET AL., DEFENDANTS-APPELLANT; HUGH DON SMITH, PLAINTIFF-APPELLEE, V. GEORGE SCHEER, DEFENDANT-APPELLANT

5th Cir. | 1978-02-28
No. 77-3181
568 F.2d 1232 Court of Appeals for the Fifth Circuit (1978) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM:

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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