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← 920 F.2d 788 - No. 89-7194

No. 89-7194’s Empirical Analysis

1991

Citation profile

26
cited by 26 later decisions
1
states following
July 2017
most recently cited

2 federal appellate · 2 district · 1 state decisions

How this case has been cited

Cited by 26 later decisions — most recently July 2017 · most notably Kellogg v. K, Rice v. Ford Motor Co. (1996)

2 federal appellate · 2 district · 1 state decisions

110199120002010decided

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.

Relationships

Relies on Klapprott v. United States · Budinich v. Becton Dickinson & Co. · Seven Elves, Inc. v. Eskenazi · Buchanan v. Stanships, Inc. · Solaroll Shade & Shutter Corp. v. Bio-Energy Systems, Inc.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The district court erred in relying on F.R.C.P. 60(b)(6) as a basis for granting the United States’ motion for post judgment relief. That part of Rule 60(b) applies only to cases that do not fall into any of the other categories listed in parts (l)-(5) of Rule 60(b). This result is evident from the Rule’s language and structure. “ ‘[T]he very cast of the Rule and the language of clause (6) indicate that this residual clause is dealing with matter not covered in the preceding five clauses. Further, the maximum time limitation ... that applies to clause (1), (2) and (3) would be meaningless, if after the ... period had run the movant could be granted relief under clause (6) for reasons covered by clauses (1), (2) and (3).’ “From the categories available under Rule 60(b), the United States’ failure to request costs as part of the judgment can only be classified as a mistake, inadvertence or neglect. “We decide that the government waived its right to file a motion to tax costs in the face of a final judgment which states that no costs would be taxed. Rule 59(e)[, Fed.R.Civ.P.,] permits a litigant to move the court to alter or amend a judgment within ten days. Rule 60(b)(l)[, Fed.R.Civ.P.,] permits a litigant to move the court within a reasonable time not to exceed one year for relief from a final judgment. Additionally, we have held that ‘[a] final judgment under Rule 60(b) is any judgment that is an appealable order.’ Thus, the government’s only avenue of relief, if any exists,”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.