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Thompson v. Ins, 375 U.S. 384 (1964)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Thompson v. Ins, 375 U.S. 384 (1964)
Thompson v. Immigration and Naturalization Service No. 496 Decided January 6, 1964 375 U.S. 384
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Syllabus
Twelve days after the District Court entered a final order denying his petition for naturalization, petitioner served notice that he would file motions to amend certain findings of fact and for a new trial. The Government did not object to the timeliness of the motions, and the trial judge declared the motion for a new trial was made "in ample time." The motions were later denied and an appeal was filed within 60 days thereafter, but more than 60 days from the entry of judgment. The Court of Appeals dismissed the appeal, since it was filed outside of the limit of 60 days after entry of judgment prescribed in Rule 73 (a) of the Federal Rules of Civil Procedure. The time was not considered tolled by the motions, since they were themselves untimely, having been filed more than 10 days after the final order.
Held: In view of petitioner’s reliance on the District Court’s statement that his motions were timely filed, thus postponing the time to file an appeal, he should have a hearing on the merits. Harris Truck Lines, Inc., v. Cherry Meat Packers, Inc., 371 U.S. 215, followed.
Certiorari granted; 318 F. 2d 681, judgment vacated and case remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Thompson v. Ins, 375 U.S. 384 (1964) in 375 U.S. 384 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=9BHDAY4MKXDCW8D.
MLA: U.S. Supreme Court. "Syllabus." Thompson v. Ins, 375 U.S. 384 (1964), in 375 U.S. 384, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=9BHDAY4MKXDCW8D.
Harvard: U.S. Supreme Court, 'Syllabus' in Thompson v. Ins, 375 U.S. 384 (1964). cited in 1964, 375 U.S. 384. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=9BHDAY4MKXDCW8D.
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