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THOMPSON V. INS, 375 U. S. 384 (1964)

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U.S. Supreme Court

Thompson v. INS, 375 U.S. 384 (1964)

Thompson v. Immigration and Naturalization Service

No. 496

Decided January 6, 1964

375 U.S. 384


Twelve days after the District Court entered a final order denying his petition for naturalization, petitioner served notice that he would file motions to amend certain findings of fact and for a new trial. The Government did not object to the timeliness of the motions, and the trial judge declared the motion for a new trial was made "in ample time." The motions were later denied and an appeal was filed within 60 days thereafter, but more than 60 days from the entry of judgment. The Court of Appeals dismissed the appeal, since it was filed outside of the limit of 60 days after entry of judgment prescribed in Rule 73 (a) of the Federal Rules of Civil Procedure. The time was not considered tolled by the motions, since they were themselves untimely, having been filed more than 10 days after the final order.

Held: In view of petitioner's reliance on the District Court's statement that his motions were timely filed, thus postponing the time to file an appeal, he should have a hearing on the merits. Harris Truck Lines, Inc., v. Cherry Meat Packers, Inc., 371 U. S. 215, followed.

Certiorari granted; 318 F.2d 681, judgment vacated and case remanded.

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