[Download] "Reed v. Toledo Area Affirmative Action Program for Construction Industry" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Reed v. Toledo Area Affirmative Action Program for Construction Industry
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 18, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This matter is before the Court upon consideration of appellant's response to this Court's show cause order and request for appointment of counsel. Appellees have filed a memorandum in opposition to the appellant's response. It appears from the record that the judgment was entered March 25, 1982. A motion to amend was filed on April 5, 1982. The certificate of service indicates that the motion was served on April 2, 1982. This motion tolled the appeals period if it was timely served on April 2, 1982. Rule 4(a)(4), Federal Rules of Appellate Procedure. The motion to amend was denied on June 23, 1982. A motion for reconsideration was filed on July 6, 1982. This successive motion where the first motion was not granted did not toll the appeals period. We agree with the reasoning of Dixie Sand and Gravel Co. v. TVA, 631 F.2d 73 (5th Cir. 1980). See also Wansor v. George Hantscho Co., Inc., 570 F.2d 1202 (5th Cir. 1978), cert. denied, 439 U.S. 953, 58 L. Ed. 2d 344, 99 S. Ct. 350 (1978). The motion to reconsider was denied on February 28, 1983. Appellant filed a notice of appeal on March 11, 1983 and amended it on March 18, 1983. The notice of appeal was 231 days late. Rules 4(a) and 26(a), Federal Rules of Appellate Procedure.