Jones & Laughlin Steel Corp. v. Gridiron Steel Co.
Opinion
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 *33 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.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(Rule 6(a) is not made inapplicable by order of the court of appeals which directed the district court clerk’s office to be open for business on Saturday mornings)
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(where statute and rules required notice of appeal to be filed within thirty days from judgment and the thirtieth day fell on a Saturday, Rule 6(a) applied thereby permitting filing on the following Monday)
Cited by 13 cases
View all citing references →- U.S. Courts of Appeals6
- Federal District Courts3
- Bankruptcy Courts2
- State Highest Courts1
- State Appellate Courts1
Relies on it most ⓘ
- Easter Seal Society for Disabled Children v. Berry
- Bertell v. Rockford Memorial Hospital
- Charles D. Scanio v. United States
- Violet M. Maahs, and Alfred J. Maahs, Her Husband v. United States
- Freeman v. Giacomo Costa Fu Andrea
- Gridiron Steel Company, Claintiff- v. Jones & Laughlin Steel Corporation, Gridiron Steel Company v. Jones & Laughlin Steel Corporation
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.