JONES & LAUGHLIN STEEL CORP.
v.
GRIDIRON STEEL CO.
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Jones & Laughlin Steel Corp. filed a notice of appeal on Monday after a thirty-day deadline for appeal fell on Saturday, and the Supreme Court held that the filing was timely because Federal Rule of Civil Procedure 6(a) excludes weekends from deadline calculations, even though the Court of Appeals had ordered the District Court Clerk's offices to remain open on Saturday mornings.
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Per Curiam.
The petition for writ of certiorari to the Court of Appeals for the Sixth Circuit is granted, and the judgment dismissing petitioner’s appeal to that court is reversed. The time limited by 28 U. S. C. § 2107 and Fed. Rule Civ. Proc. 73 for the filing of the notice of appeal from the judgment appealed from was 30 days. However, Fed. Rule Civ. Proc. 6 (a), as amended, provides that in computing the period, “[t]he last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.” Since the thirtieth day following entry of the judgment appealed from was Saturday and the notice of appeal was filed the following Monday, we hold that the filing of the notice of appeal was timely. The provision of Rule 6 (a) was not made inapplicable by the order of the Court of Appeals directing that the District Court Clerk’s offices be open for business on Saturday mornings. The case is remanded to the Court of Appeals for further proceedings consistent with this opinion.
It is so ordered.
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Maahs v. United States, 840 F.2d 863 (11th Cir. 1988)…s open on Saturdays and Sundays; appellee argued that consequently any rule not counting those days is inapplicable. This issue, however, has been resolved to the contrary by the Supreme Court. See Jones & Laughlin Steel Corp. v. Gridiron Steel Co., 382 U.S. 32, 86 S.Ct. 152, 15 L.Ed.2d 26 (1965) (per curiam).…
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Gridiron Steel Co. v. Jones & Laughlin Steel Corp., 361 F.2d 791 (6th Cir. 1966)…pealed in case number 16,126 from the judgment against it for royalties in the amount of $12,289.95. Its appeal was dismissed as untimely filed but the judgment of dismissal was reversed by the Supreme Court and the appeal has since been reinstated. 382 U.S. 32, 86 S. Ct. 152, 15 L.Ed.2d 26 (1965). BREACH OF AGREEMENT The license agreement upon which the action was brought was entered into on February 8, 1940, between Gridiron, as licensor, and Geuder, Paeschke & Frey Co., as licensee. Attached as an exh…
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Reyes-Cardona v. J. C. Penney Co., Inc., 690 F.2d 1 (1st Cir. 1982)…he computation of time. Rule 6(a) F.R.Civ.P.; Ohio Inns, Inc. v. Nye, 542 F. 2d 673 (6th Cir. 1976).. The fact that the district court clerk’s office was open for business on that day is irrelevant. Jones & Laughlin Steel Co. v. Gridiron Steel Co., 382 U.S. 32, 86 S.Ct. 152, 15 L.Ed.2d 26 (1965). The motion to dismiss is denied.…