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UNITED STATES v. ROGERS TRANSP., INC.

No. 84-5425.

751 F.2d 635 (1985)

UNITED STATES of America and Scott R. Hammond, Special Agent, Internal Revenue Service v. ROGERS TRANSPORTATION, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided January 7, 1985.

Attorney(s) appearing for the Case

Justin P. Walder (argued), Dominic J. Aprile, John A. Brogan, Walder, Sondak, Berkeley & Brogan, P.A., Roseland, N.J., for appellant.

Glenn L. Archer, Jr., Asst. Atty. Gen., Gary R. Allen, Acting Chief, Appellate Section, Michael L. Paup, Charles E. Brookhart, Thomas M. Preston (argued), Attys., Tax Div., U.S. Dept. of Justice, Washington, D.C., for appellee; W. Hunt Dumont, U.S. Atty., Newark, N.J., of counsel.

Before ALDISERT, Chief Judge, BECKER, Circuit Judge, and CAHN, District Judge.

OPINION OF THE COURT

ALDISERT, Chief Judge.

We are faced with an appeal taken from a district court's order under circumstances involving a timely filing of a motion to amend or alter the judgment made under Rule 59(e), Federal Rules of Civil Procedure. The governing case is Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 103 S.Ct. 400, 74 L.Ed.2d 225 (1982), in which the Rule 59(e) motion was timely filed before...

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