In Re Buckingham Super Markets, Inc. Appeal of Brown, 534 F.2d 976 (D.C. Cir. 1976). · Go Syfert
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In Re Buckingham Super Markets, Inc. Appeal of Brown, 534 F.2d 976 (D.C. Cir. 1976). Cases Citing This Book View Copy Cite
9 citation events across 3 distinct courts.
Strongest positive: Loveladies Harbor, Inc. v. United States (cc, 1988-08-12)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Loveladies Harbor, Inc. v. United States
Ct. Cl. · 1988 · confidence medium
While it is within the court’s discretion to allow the submission of untimely affidavits, e.g., In re Buckingham Super Markets, Inc., 534 F.2d 976, 977 (D.C.Cir. 1976) (per curiam); Burton v. Peartree, 326 F.Supp. 755, 759 (E.D.Pa.1971), the court’s discretion to make such an allow- anee is not completely unfettered.
discussed Cited as authority (rule) In Re Buckingham Super Markets, Inc., a Corporation Alleged Bankrupt. Appeal of Sidney Brown, Jack Eden and Jack Brown. In Re Buckingham Super Markets, Inc., a Corporation Alleged Bankrupt. Appeal of Alan S. Kerxton
D.C. Cir. · 1980 · confidence medium
Inasmuch as the basis for the trial court's action was not articulated we remanded the case for a determination as to whether excusable neglect existed, In re Buckingham Super Markets, Inc., 175 U.S.App.D.C. 239, 240 , 534 F.2d 976, 977 (D.C.
discussed Cited as authority (rule) In re Buckingham Super Markets, Inc.
D.C. Cir. · 1980 · confidence medium
Inasmuch as the basis for the trial court’s action was not articulated we remanded the case for a determination as to whether excusable neglect existed, In re Buckingham Super Markets, Inc., 175 U.S.App.D.C. 239, 240 , 534 F.2d 976, 977 (D.C.
cited Cited "see" Ceramica Regiomontana, S.A. v. United States
Ct. Intl. Trade · 1984 · signal: see · confidence high
See In re Buckingham Supermarkets, Inc., 534 F.2d 976, 977 (D.C.
discussed Cited "see, e.g." White Mountain Apache Tribe v. United States
Ct. Cl. · 1984 · signal: see, e.g. · confidence medium
See, e.g., In re Buckingham Super Markets, Inc., 534 F.2d 976, 977 (D.C.Cir.1976) (discretion to deny motion for extension of time); United States v. Fitch, 472 F.2d 548, 549 (9th Cir.), cert. denied, 412 U.S. 954 , 93 S.Ct. 3003 , 37 L.Ed.2d 1007 (1973) (discretion to shorten time for hearing).
Retrieving the full opinion text from the archive…
In Re BUCKINGHAM SUPER MARKETS, INC. Appeal of BROWN Et Al.
75-1853.
Court of Appeals for the D.C. Circuit.
Apr 13, 1976.
534 F.2d 976
Edward T. Minor and Kenneth J. Loewinger, Washington, D. C., were on the brief for appellants., Alan S. Kerxton, Washington, D. C., was on the brief for appellee.
Tamm, Leventhal, Christensen, Middle, Utah.
Cited by 5 opinions  |  Published
PER CURIAM:

In an involuntary bankruptcy proceeding, wherein Buckingham Super Markets, Inc. was adjudged a bankrupt. Appellants, landlords, filed a preferred claim and an unsecured claim. Both were disallowed by the Bankruptcy Judge. On March 18,1975, the District Judge entered an order denying the appeal from the Bankruptcy Judge’s decision. In May, 1975, appellants retained new counsel, to handle an appeal from the order of the District Judge, and on May 14, new counsel filed a motion for extension of time to file this appeal. That motion was granted, by endorsement on the motion, on May 21. On July 9,1975, after reconsideration and argument, the District Judge vacated the order of May 21. An appeal was noted from that order.

The District Judge did not identify his reason for denying extension of time to appeal. Appellee argued that he was without jurisdiction to grant extension by an order entered after the 60-day time to appeal had expired, even though application for extension was made within the 60-day period. If that was the basis of the July 9 order, we cannot agree.

We agree with the various decisions holding that if a motion is made within the 60-day period for the appeal, an order can be entered after the expiration of that period which is effective to extend the time of appeal. [1] Our own opinion in Conway v. Pennsylvania Greyhound Lines, 100 U.S. App.D.C. 95, 243 F.2d 39 (1957), though not precisely on point, identifies the salient considerations. While there is some authority to the contrary, [2] we do not think it is sound.

Appellee argues that the order appealed from is also sustainable on the ground that appellant did not make an adequate showing of excusable neglect. If that ground was or will be relied on by the District Judge, we would not reverse his exercise of discretion. But the issue is in doubt as to whether that was how he intended to exercise his discretion, or would be the way he would exercise his discretion if he appreciated there was no jurisdictional constraint. Accordingly, if the District Judge reaffirms his order of July 9 on the ground that there was no adequate showing of his excusable neglect, that should end the matter for we think that lies within his discretion. If he reverses the order of July 9, an appeal will ensue in due course.

Remanded for further proceedings not inconsistent with this opinion.

So ordered.

2

. 9 Moore’s Federal Practice fl 204.13[2], at 974-75 (2d ed. 1975).

1

. Pasquale v. Finch, 418 F.2d 627 (1st Cir. 1969); C-Thru Products, Inc. v. Uniflex, Inc., 397 F.2d 952 (2d Cir. 1968); Reed v. Michigan, 398 F.2d 800 (6th Cir. 1968), Evans v. Jones, 366 F.2d 772 (4th Cir. 1966); cf. Torockio v. Chamberlain Mfg. Co., 456 F.2d 1084 (3d Cir. 1972).