GREGG v. MANNO

No. 80-1626.

667 F.2d 1116 (1981)

Robert G. GREGG, Philip W. McFarlane, Bituminous Casualty Corporation, Appellants, v. Joseph J. MANNO, Jr., Inc., Appellee, and PRE-MIDDLE ATLANTIC, INC., Defendant, v. MAR DEL PENN BUILDERS, Third Party Defendant, v. Sam DIXON, Individually, and Nick Carter, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1981.


Attorney(s) appearing for the Case

Paul A. Gibbons, Baltimore, Md. (Fine, Gibbons, and MacMeekin, P.A., Baltimore, Md., on brief), for appellants.

Robert Earl Wilson, Baltimore, Md. (Huber, Lutche & Wilson, Baltimore, Md., on brief), for appellee.

Before WINTER, Chief Judge, and BUTZNER and SPROUSE, Circuit Judges.


BUTZNER, Circuit Judge:

The principal issue in this case is whether the time within which an appeal can be taken to a district court from a magistrate's judgment is governed by statute or local rule. Because we find the statute to be controlling, we reverse the judgment of the district court and remand for further proceedings.

The parties tried this action before a magistrate and a jury. The jury found for the plaintiffs, but the magistrate granted the defendant...

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