SILBERSTEIN v. I.R.S.

No. 93-2629.

16 F.3d 858 (1994)

Michael J. SILBERSTEIN; Laraine Silberstein, Appellants, v. INTERNAL REVENUE SERVICE; United States of America, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 14, 1994.


Attorney(s) appearing for the Case

Counsel who represented the appellant was Edgar E. Lim of St. Louis, MO.

Counsel who represented the appellee was Gary R. Allen of the Department of Justice, Washington, DC.

Before BEAM, Circuit Judge, WELLFORD, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.


BEAM, Circuit Judge.

Appellants contend that the district court abused its discretion by ruling on a motion for summary judgment filed forty-one days rather than forty-five days prior to the date scheduled for trial. We disagree and affirm.

Michael J. Silberstein and Laraine Silberstein sought a tax refund. The district court originally set the matter for trial on March 1, 1993. The court issued a subsequent scheduling order establishing a pretrial conference...

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