142 F.2d 95 | D.C. Cir. | 1944
Rule 59(b) of the Federal Rules of Civil Procedure
Rule 59(b) contemplates the possibility that evidence may be discovered after notice of appeal has been filed. However, it makes the maximum period of time, within which a motion for new trial on that ground may be filed, coterminous with expiration of the time for appeal. Assuming that appellant had made its purported discovery, had requested leave of the trial court to file its motion, and had moved in this court for remand, all within the time fixed, it would then have come within the provisions of the rule, and this court could have remanded the case for that purpose.
For another reason appellant’s motion for remand must be denied. Even when such a motion is timely, but after notice of appeal, the appellate court must inquire whether, upon the showing made, the trial court would be justified in granting a new trial.
Appellant will be allowed thirty days within which to docket' the record on appeal.
Motion to remand denied.
28 U.S.C.A. following section 723c.
Isgrig v. United States, 4 Cir., 109 F.2d 131, 134. Cf. Chicago and Western Indiana R. R. v. Chicago and Erie R. R., 7 Cir., 140 F.2d 130.
Fed.Rules Civ.Proc., Rule 6(b).
See Gairing Tool Co. v. Eclipse Interchangeable Counterbore Co., 6 Cir., 48 F.2d 73, 75; Horne v. United States, 4 Cir., 51 F.2d 66, 67; Isgrig v. United States, 4 Cir., 109 F.2d 131, 134; Wagner v. United States, 9 Cir., 118 F.2d 801, 802; Evans v. United States, 10 Cir., 122 F.2d 461, 468; Boro Hall Corp. v. General Motors Corp., 2 Cir., 130 F.2d 196.