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CHECKER CAB CO. v. MARKLAND

No. 8613.

142 F.2d 95 (1944)

CHECKER CAB CO., Inc. v. MARKLAND.

United States Court of Appeals District of Columbia.

Decided April 12, 1944.

Attorney(s) appearing for the Case

Mr. James R. Kirkland, of Washington, D. C., for appellant. Mr. Justin L. Edgerton, of Washington, D. C., also entered an appearance for appellant.

Mr. William Wendell, of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.

MILLER, Associate Justice.

Rule 59(b) of the Federal Rules of Civil Procedure1 provides that a motion for new trial on the ground of newly discovered evidence may be made "before the expiration of the time for appeal, with leave of court obtained on notice and hearing and on a showing of due diligence." In this case notice of appeal was filed in time. Thereafter, and after expiration of the time during which notice of appeal was permitted...

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