United States Second Circuit
Communications Network International, Ltd. v. MCI Worldcom Communications, Inc., 10-4588
In appeal of district court's grant of defendant's motion for relief under Federal Rule of Appellate Procedure 4(a)(6) reopening the time within which to file an appeal, order is reversed and defendant's appeal is dismissed as untimely, where: 1) defendant satisfied the preconditions for relief required by Rule 4(a)(6); but 2) the district court exceeded the bounds of its discretion in granting relief under Fed. R. App. P. 4(a)(6) because the failure to receive notice of district court's affirmance of the bankruptcy court's orders was entirely and indefensibly the fault of defense counsel.
Appellate Information
- Decided 01/24/2013
- Published 01/24/2013
Judges
- KAPLAN
Court
- United States Second Circuit