United States Eighth Circuit

In a negligence action, district court judgment is affirmed where the court did not err in its factual finding that plaintiff failed to satisfy the lack-of-notice requirement of Fed. R. App. P. 4(a)(6)(A), as plaintiff did not rebut the presumption that it received the appealable order in the case through the district court's CM/ECF noticing system.

Appellate Information

• Decided 06/04/2009
• Published 06/04/2009

Judges

• SHEPHERD, Circuit Judge., Before RILEY, SMITH, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Frank John Dantoe, Jr., argued, Greenville, MS, Donald L. Dickerson, Cape Girardeau, MO, Joel Jerome Henderson, Edward D. Lamar, Greenville, MS, for appellant.


• For Appellees:
  
• Lowell Sturgill, Jr., Douglas N. Letter, on the brief, U.S. Department of Justice, Washington, DC, for appellee.