THE MACCABEES ET AL.

v.

SHELLEY

Citator

Cited By

• Nat'l Labor Relations Bd. v. Jacob E. Decker AND Sons, 569 F.2d 357 (5th Cir. 1978)
  …ets only the requirements of being material and noncumulative. That the evidence must be in existence at the time of the trial has often been stated. E. g., Brown v. Pennsylvania Railroad Company, 282 F. 2d 522, 526-27 (3d Cir. 1960), cert. denied, 365 U.S. 818, 81 S.Ct. 690, 5 L.Ed.2d 696 (1961); State of Washington v. United States, 214 F. 2d 33, 46 (9th Cir.), cert. denied, 348 U.S. 862, 75 S.Ct. 86, 99 L.Ed. 679 (1954); Chemical Delinting Company v. Jackson, 193 F. 2d 123, 126-27 (5th Cir. 1951). The…
• Johnson v. Offshore Express, Inc., 845 F.2d 1347 (5th Cir. 1988)
  …tates, 638 F. 2d 119, 121 (9th Cir.1981); Still v. Townsend, 311 F. 2d 23, 24 (6th Cir.1962); Ryan v. United States Lines Co., 303 F. 2d 430, 434 (2nd Cir.1962); Brown v. Pennsylvania Railroad Co., 282 F. 2d 522, 526-27 (3rd Cir.1960), cert. denied, 365 U.S. 818, 81 S.Ct. 690, 5 L.Ed.2d 696 (1961); 11 Wright & Miller 112859, at 182. The evidence presented by Offshore clearly does not meet this requirement. The second ground which Offshore asserted for a new trial was fraud, misrepresentation, and miscondu…
• Peacock v. The Bd. OF Sch. Comm'rs OF the City OF Indianapolis, 721 F.2d 210 (7th Cir. 1983)
  …reversal); Ryan v. U.S. Lines Co., 303 F. 2d 430 (2d Cir.1962) (result of new physical examination was not “newly discovered evidence” that would permit opening the judgment); Brown v. Pennsylvania R. Co., 282 F. 2d 522 (3d Cir.1960), cert. denied, 365 U.S. 818, 81 S.Ct. 690, 5 L.Ed.2d 696 (1961) (disqualification for service of a railway employee one month after his FELA action was not “newly discovered evidence”). While this court did not itemize this “prior existence” requirement in Walus, 616 F. 2d a…