Supreme Court of the United States
Thompson v. Immigration and Naturalization Service
January 6, 1964375 U.S. 384
Summary
The Supreme Court held that the petitioner’s appeal was timely because the district court’s determination that his post‑trial motions were made “in ample time” tolled the appeal period, vacated the Court of Appeals’ dismissal, and remanded for the appeal to be heard on the merits. Justice Clark dissented, arguing the motions were untimely and the appellate court lacked jurisdiction.
Holding
- Whether post‑trial motions filed twelve days after judgment are timely for purposes of tolling the appeal period under Rule 73(a) of the Federal Rules of Civil Procedure. The appeal was timely because the district court’s finding that the motions were made “in ample time” tolled the appeal period, so the filing within sixty days of the order denying the motions satisfied Rule 73(a).
Docket 496