Supreme Court of the United States

Thompson v. Immigration and Naturalization Service

January 6, 1964375 U.S. 384

Summary

The Court granted certiorari, held that the appeal was timely because the district court’s acceptance of the post‑trial motions tolled the filing period, vacated the Court of Appeals’ dismissal, and remanded for merits review. Justice Clark, dissenting, argued the motions were untimely and the Court lacked jurisdiction to grant relief.

Holding

  • Whether the filing of post‑trial motions that the district court deemed timely tolls the time for filing an appeal under Rule 73(a) and thus makes the appeal timely.. The appeal was timely; the district court’s acceptance of the post‑trial motions tolled the appeal period, so the Court of Appeals’ dismissal was improper.

Docket 496

Cited authorities

  • Rule 73
  • Rule 73
  • Rule 52
  • Rule 73
  • Rule 73
  • Rule 52
  • Rule 59
  • Rule 59

Cited by