United States v. 397.51 Acres Of Land, More Or Less, Situate In Cotton, Jefferson And Stephens Counties, State Of Oklahoma (1982)

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green United States v. 397.51 Acres Of Land, More Or Less, Situate In Cotton, Jefferson And Stephens Counties, Stat… (1983)

Rule Authority · 10th Cir.

PER CURIAM. 1 On October 29, 1982, 692 F.2d 688 , we remanded this case to the district court with directions that it act on a Rule 60(b) motion and present a supplemental record showing its action.

green Manildra Milling Corporation, Plaintiff/cross-Appellant v. Ogilvie Mills, Inc. (Now O.M.I. Holdings, Inc.) v.… (1994)

Cited · 3rd Cir. · signal: see · 2 citations in this opinion

See United States v. 397.51 Acres of Land, 692 F.2d 688 , 693 (10th Cir.1982); 7 James W.

green Linda C. Howard v. Mail-Well Envelope Company, Butler Paper Company, Georgia-Pacific Corporation, Great North… (1998)

Cited · 10th Cir. · signal: see

See United States v. 397.51 Acres of Land, 692 F.2d 688 , 693 (10th Cir.1982); Riggs v. Scrivner, Inc., 927 F.2d 1146, 1148 (10th Cir.1991); see also Stewart, 915 F.2d at 575 (noting transfer of jurisdiction by appeal "from true final judgment or from a decision within the collateral order exception").

green Howard v. Mail-Well Envelope Co. (1998)

Cited · 10th Cir. · signal: see

See United States v. 397.51 Acres of Land, 692 F.2d 688 , 693 (10th Cir.1982); Riggs v. Scrivner, Inc., 927 F.2d 1146, 1148 (10th Cir.1991); see also Stewart, 915 F.2d at 575 (noting transfer of jurisdiction by appeal “from true final judgment or from a decision within the collateral order exception”).

green Graham v. Wyeth Laboratories (1990)

Cited (see also) · 10th Cir. · signal: see also

The procedure approved by us in this case is for the district court to indicate that it would grant the 60(b) motion if it had jurisdiction, and for the our court to then remand the case to the district court for that court to decide the motion; see Blinder, Robinson & Co. v. SEC., 748 F.2d 1415 , 1420 (10th Cir.1984) ("In ordinary civil cases the rule is that after an appeal has been taken the district court retains jurisdiction to consider and deny a rule 60(b) motion and,…

green Graham v. Wyeth Laboratories (1990)

Cited (see also) · 10th Cir. · signal: see also

green Cornell M. Jones, Cross-Appellee v. Commissioner of Internal Revenue, Cross-Appellant (1990)

Cited (see also) · 10th Cir. · signal: see, e.g.

See, e.g., United States v, 397.51 Acres of Land, 692 F.2d 688 , 693 (10th Cir.1982) (with two recognized exceptions, “[t]he filing of a notice of appeal divests the district court of juris-diction....”); SEC v. Investors Security Corp., 560 F.2d 561, 568 (3d Cir.1977). 2 .

green United States v. Edmonson (1996)

Cited · D. Kan. · signal: see

See United States v. 397.51 Acres of Land, Etc., 692 F.2d 688 , 693 (10th Cir.1982) (“‘In ordinary civil cases the rule is that after an appeal has been taken the district court retains jurisdiction to consider and deny a Rule 60(b) motion and, if it indicates that it will grant the motion, the movant may then ask the Court of Appeals to remand the case so that the district court may act.”) (quoting Aune v. Reynders, 344 F.2d 835, 841 (10th Cir.1965)); cf., United States v. …