Southern Pac. Co. v. United States Dist. Court

1 Citing case

  1. Gilliland v. Lyons

    278 F.2d 56 (9th Cir. 1960)   Cited 9 times

    This court has not as yet passed on the question. See Southern Pac. Co. v. United States District Court, 9 Cir., 1951, 190 F.2d 735; Grimm v. California Spray-Chemical Corp., 9 Cir., 1959, 264 F.2d 145. However, Prof. Moore, in his work on Federal Practice, disagrees with the rationale in Freid v. McGrath, supra, on the ground that "* * * once finality has been suspended, there is nothing in the policy underlying Rule 59(d) to prevent the trial court from exercising its discretion to grant the motion on grounds which it deems just."