LE v. ASTRUE

No. 07-55559.

558 F.3d 1019 (2009)

Vinh V. LE, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2009.


Attorney(s) appearing for the Case

Alexandra T. Manbeck, San Diego, CA, for the plaintiff-appellant.

Michael A. Cabotaje, Special Assistant United States Attorney, San Francisco, CA, for the defendant-appellee.

Before: CONSUELO M. CALLAHAN and SANDRA S. IKUTA, Circuit Judges, and MILTON I. SHADUR, District Judge.


OPINION

IKUTA, Circuit Judge:

In this case, the district court issued an order disposing of cross-motions for summary judgment. The losing party's notice of appeal mistakenly designated only the district court's denial of his motion for summary judgment, rather than both the denial of his motion and the grant of the prevailing party's motion. We hold that Rules 3(c)(1)(B) and 3(c)(4) of the Federal Rules of Appellate Procedure, as interpreted by the Supreme...

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