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United Steelworkers of America v. Jones & Lamson MacHine Company, Inc. And Textron, Inc.

Citations: 854 F.2d 629; 11 Fed. R. Serv. 3d 1461; 1988 U.S. App. LEXIS 11468; 1988 WL 86557Docket: 88-5023

Court: Court of Appeals for the Second Circuit; August 19, 1988; Federal Appellate Court

Narrative Opinion Summary

The case concerns an appeal by the United Steelworkers of America against Jones, Lamson Machine Company, Inc., and Textron, Inc., focusing on the timeliness of the appeal following the dismissal of a complaint for retirement benefits by a bankruptcy court. Initially dismissed on June 30, 1987, and affirmed by the district court on April 7, 1988, the Steelworkers filed their notice of appeal on June 2, 1988, fifty-six days after the district court's decision. The pivotal legal issue was whether the intervention of the United States under 28 U.S.C. § 2403, to defend the constitutionality of a federal statute, extended the appeal period from thirty to sixty days. Jones, Lamson argued against this extension, claiming the United States did not qualify as a 'party' for appeal purposes. However, the court rejected this argument, holding that an intervenor is treated as an original party, thus allowing the extended sixty-day appeal timeline. Consequently, the court denied Jones, Lamson's motion to dismiss the appeal as untimely, affirming the Steelworkers' right to proceed with their appeal within the extended timeframe.

Legal Issues Addressed

Definition of 'Party' in Appeal Context

Application: The court determined that an intervenor, specifically the United States in this case, is considered an original party for the purpose of calculating the appeal period.

Reasoning: The court ruled against this argument, stating that an intervenor is treated as an original party, thus entitling all parties to the extended sixty-day appeal period.

Intervention Under 28 U.S.C. § 2403

Application: The court addressed whether the United States' intervention to defend the constitutionality of a statute affected the appeal period, extending it to sixty days.

Reasoning: A key issue arose concerning whether the intervention of the United States, under 28 U.S.C. § 2403 to defend the constitutionality of a federal statute, affected the appeal period.

Timeliness of Notice of Appeal

Application: The court evaluated whether the Steelworkers' appeal was filed within the permissible time frame, ultimately deeming it timely due to the involvement of the United States as an intervenor.

Reasoning: The Steelworkers filed their notice of appeal on June 2, 1988, which was fifty-six days post-affirmation.