Sun Bank of Ocala v. Pelican Homestead and Savings Association, and Third Party v. American First Mortgage Funding Corp., Third Party

U.S. Court of Appeals, First Circuit · Decided 1989-06-02

Cited by 348 later decision(s) in our corpus · see the citation network in Lexace

From the opinion

ALVIN B. RUBIN, Circuit Judge: The issue is whether a corporate defendant in a suit “appeared” in the action, within the meaning of Federal Rule of Civil Procedure 55(b)(2), when it mailed a motion to dismiss to the clerk of court and sent a copy to plaintiff's counsel, but the clerk refused to file it and returned it to the party b…

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