UNDERWOOD ET AL.

v.

BOMAR, WARDEN

Citator

Cited By

• Addington v. Farmer's Elevator Mut. Ins. Co., 650 F.2d 663 (5th Cir. 1981)
  …t by the motion. Agostino v. Ellamar Packing Co., 191 F. 2d 576, 577 (9th Cir. 1951); Mosier v. Federal Reserve Bank of New York, 132 F. 2d 710, 712 (2d Cir. 1942); see also Cohen v. Curtis Publishing Co., 333 F. 2d 974, 977 (8th Cir.), cert. denied 380 U.S. 921, 85 S.Ct. 923, 13 L.Ed.2d 808 (1965). Other decisions have recognized that this principle may be applicable, although not finding in the particular instance that the denial was so implied.2 We find that the district court’s order of October 27, 198…
• Winchell v. Lortscher, 377 F.2d 247 (8th Cir. 1967)
  …action is taken to perfect an appeal, then notice is not timely and jurisdiction is destroyed. See, Young v. Chicago, Milwaukee, St. Paul and Pacific R. Co., supra; Cohen v. Curtis Publishing Co., 8 Cir., 1964, 333 F. 2d 974, 978, certiorari denied, 380 U.S. 921, 85 S.Ct. 923, 13 L.Ed.2d 808, rehearing denied, 380 U.S. 989, 85 S.Ct. 1351, 14 L.Ed.2d 283. If effective action is taken to protect the right of appeal under Rule 73(a), it is possible for the District Court to extend the time within which a notic…
• Lapeyrouse v. Texaco, Inc., 670 F.2d 503 (5th Cir. 1982)
  …ent in a cause is in effect an overruling of all motions pending prior thereto in the case.” Cohen v. Curtis Publishing Company, 333 F. 2d 974, 977 (8th Cir. 1964), (quoting Mosier v. Federal Reserve Bank, 132 F. 2d 710 (2d Cir. 1942)) cert. denied, 380 U.S. 921, 85 S.Ct. 923, 13 L.Ed.2d 808 (1965). This approach has been criticized, however, as “[ojbliging counsel to guess at the implications of the entry of judgment,” 9 J. Moore, Federal Practice H 204.12[4] at 4-84 to 4-85 & n.l (2d ed. 1980), and we b…