MCKINNEY

v.

BOYLE ET AL.

Citator

Cited By

• BEN Sager Chems. Int'l, Inc. v. E. Targosz & Co., 560 F.2d 805 (7th Cir. 1977)
  …nce in attempting to find his attorney. . Defendant suggests in his brief that Rule 60(b)(6) relief could also be granted because of fraud on the part of Edelstein. Defendant relies on McKinney v. Boyle, 404 F. 2d 632 (9th Cir. 1968), cert. denied, 394 U.S. 992, 89 S.Ct. 1481, 22 L.Ed.2d 767, to support this argument. We believe, however, that McKinney is distinguishable. In McKinney, plaintiff filed a Rule 60(b) motion on the grounds of fraud and deceit by his attorney and his former wife. Plaintiff subm…
• United States v. Walker, 601 F.2d 1051 (9th Cir. 1979)
  …ed to custody and is now available to the appellees. Rule 10(e) cannot be used to add to or enlarge the record on appeal to include material which was not before the district court. McKinney v. Boyle, 404 F. 2d 632, 633 (9th Cir. 1968), cert. denied 394 U.S. 992, 89 S.Ct. 1481, 22 L.Ed.2d 767 (1969); Borden, Inc. v. FTC, 495 F. 2d 785, 787-88 (7th Cir. 1974); [*1055] United States ex rel. Mulvaney v. Rush, 487 F. 2d 684, 687 (3d Cir. 1973); 16 Fed.Prac. and Proc. § 3956, p. 387 (1977). Therefore, inasmuch a…
• Ervin v. Wilkinson, 701 F.2d 59 (7th Cir. 1983)
  …the Court is entitled to “assume that plaintiff’s factual allegations are true, as [it] would on a motion to dismiss” where no evidence or response is offered in opposition. McKinney v. Boyle, 404 F. 2d 632, 634 & n. 2 (9th Cir.1968), cert. denied, 394 U.S. 992,89 S.Ct. 1481, 22 L.Ed.2d 1481 (1969); Klapprott v. United States, 335 U.S. 601, 604, 69 S.Ct. 384, 385, 93 L.Ed. 266 (1949); Patapoff v. Vollstedt’s Inc., 267 F. 2d at 865; In re Cremidas’ Estate, 14 F.R.D. 15, 17 (D.Alaska 1953). For the purpose…