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Senator Edward Kennedy — Part 26

147 pages · May 11, 2026 · Document date: Nov 6, 1995 · Broad topic: Politics & Activism · Topic: Senator Edward Kennedy · 147 pages OCR'd
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Or Te OEY OA AAA SN ee mL, - 1 9 - (4) WHETHER, This Appeal should be reversed,because deliberate failure of district judge,William D.Stiehl to adhere to Rule 58 Fed.R.Civ.P.,Requiring all final orders/judgments on a se- parate Document,which judge,Stiehl refused to do,by. Dismiss~ ing three(3) P-A-I-D Complaint(S) With-Prejudice on one Doc- ument,Without findings of fact and conclusions of law,and pri- or to Clerk issuing Summonses and Defendants served with summ- ons and copy of Complaint ? Rule 58 sets the procedural ‘by which the district court ente- r's judgments on its docket records.the date a judgment is "entered" on the docket,the time for making post-trial. motio- ns,for taking appeal,and executing on relief awarded,on a sep- arate document by either the court or clerk,The judgment Must be set forth separately from any judicial opinion or memora- ndum,and Must be labeled "Judgment" or in some other manner, confirm that the paper represents the court's judgment.See Axel Johnson,Inc.vs.Arthur Anderson & Co-, 6 F 3a 78 at 84, (2a Cir.1993,noting separateness requirement.These requirem- ents are intended to create a "Bright Line" for the litigants ‘and the courts in determining when the district court's order is final,and thus, when the period for appeal begins.See Morr- is vs.City of Hobart, 39 F 3d 1105 at 1110(10th Cir.1994),cert denied __US___,115 S Ct 1960,131 L Ed 2d 852(1995); Virgo vs. Rivera Beach Associate, 30 F 3d 1350 at 1356(1l1lth Cir.1994). The Court's must satisfy the Rule,judgment must appear on a ‘document that is separate and distinct from the opinion expl- s ~ sae wecere
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