holding that the timeliness of an appeal is to be measured from the date of the denial of the motion for reconsideration and not the date of the original judgment vacating the prior grant of a new trial and reinstating a verdict for the defendant.
How later courts described this case
- holding that the timeliness of an appeal is to be measured from the date of the denial of the motion for reconsideration and not the date of the original judgment vacating the prior grant of a new trial and reinstating a verdict for the defendant.
- The 60-day period for filing notice of appeal from summary judgment in favor of commanding officer of United States Navy in employment discrimination suit was tolled by filing of motion to reconsider the judgment where motion was filed within ten days of entry of judgment
- interpreting Fed.R.App.P. 4(a), from which Rule 8002 was adapted
- public interest served by hearing on appeal issue concerning exhaustion of administrative remedies under title VII
Written by the judges who cited it.
The opinion
VAN DUSEN, Circuit Judge,
concurring.
I concur in the judgment of the court and in the opinion in all respects except that portion in section III which addresses the appellant’s “second argument” that he had fully exhausted his administrative remedies by the time that the district court ruled on the appellee’s motion for summary judgment (pages 12-15 of the majority opinion). I believe the unnecessary construction of the exhaustion requirement of § 717(c) of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-16(c), contained in this dictum should be deferred until such construction is necessary for the decision in a case.