695 F.2d 352 - Baca v. Campbell — 695 F.2d 352

How this case has been cited

Cited by 16 later decisions — most recently January 2012

5 federal appellate · 3 district · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

John G. Balentine, Southern Ariz. Legal Aid, Tucson, Ariz., for plaintiffs-appellants.

Gordon Goodnow, Jr., Phoenix, Ariz., for defendants-appellees.

Appeal from the United States District Court for the District of Arizona, William P. Copple, Judge.

Before SKELTON,* Senior Judge, KILKENNY and REINHARDT, Circuit Judges.

¶1

The matter is remanded to the district court for reconsideration in light of White v. New Hampshire Department of Employment, 455 U.S. 445, 102 S.Ct. 1162, 71 L.Ed.2d 325 (1982). The district court may, if it deems it advisable, conduct further proceedings to supplement the record.

KILKENNY, Circuit Judge, specially concurring:

¶2

I would hold that the remand should be limited to the precise question of whether the post-judgment motion unfairly surprised or prejudiced the appellees. White v. New Hampshire Department of Employment, 455 U.S. 445, at page ----, 102 S.Ct. 1162, at pages 1167-1168. In passing on the question, the district court might, if it deems it advisable, conduct further proceedings to supplement the record.

Honorable Byron G. Skelton, Senior Judge, U.S. Court of Claims, sitting by designation