ALKER ET AL.

v.

FEDERAL DEPOSIT INSURANCE CORP. ET AL.

Citator

Cited By (13 total)

• Boughner v. Secretary OF Health, 572 F.2d 976 (3d Cir. 1978)
  …ourt has also cautioned that relief from a judgment under Rule 60 should be granted only in exceptional circumstances. FDIC v. Alker, 234 F. 2d 113, 117 (3d Cir. 1956); 30 F.R.D. 527 (E.D.Pa. 1962), aff’d. 316 F. 2d 236 (3d Cir. 1963), cert. denied, 375 U.S. 880, 84 S.Ct. 150, 11 L.Ed.2d 111 (1963). A party may be entitled to relief from a judgment under Rule 60(b)(1) on a showing of “mistake, inadvertence, surprise or excusable neglect.” Situations in which relief has been granted pursuant to Rule 60(b)(1…
• Iowa S. Utils. Co. v. Commissioner OF Internal Revenue, 333 F.2d 382 (8th Cir. 1964)
  …-cash assets possessing a basis. As to these the Court of Claims seemed to recognize the usual rules. Note the later unanimous opinion of the same court in Manufacturers Hanover Trust Co. v. United States, Ct. Cl., 312 F. 2d 785 (1963), cert. denied 375 U.S. 880, 84 S.Ct. 150, 11 L.Ed.2d 111. See the Ninth Circuit’s critical comments in Spangler v. Commissioner, supra, p. 920 of 323 F. 2d, as to any claimed distinction in the cash recovery situation. From the facts, from the observations we have made, and…
• In re Kingstate OIL v. M/V Green Star. (Two Cases), 815 F.2d 918 (3d Cir. 1987)
  …tion omitted). This rule is now well established. See, e.g., General Elec. Credit & Leasing Corp., 668 F. 2d at 815-16; The Tropic Breeze, 423 F. 2d at 239-40; Turner & Blanchard, Inc. v. Steamship Emilia, 322 F. 2d 249, 250 (2d Cir.), cert. denied, 375 U.S. 880, 84 S.Ct. 150, 11 L.Ed.2d 111 (1963); Moore v. United States, 302 F. 2d 918, 921 (D.C.Cir.1962); see also 2 Benedict on Admiralty § 46, at 3-68 (7th ed. 1983). Cf. 46 U.S.C. § 953(b). The district court concluded that the cost of unloading the GREE…