Opinion · 1965-11-15

Utah Pie Co. v. Continental Baking Co.

Court agrees to review whether a party can file a Rule 50 new-trial motion within ten days after an appeals court orders the trial judge to enter judgment, and whether appeals courts may order such judgments.

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Updated 1965-11-15

Real-world impact

  • Could change when parties must file new-trial motions after an appeals court orders judgment.
  • May clarify or limit appeals courts’ power to direct entry of judgment.
  • Affects litigation strategy and post-trial deadlines for civil cases.

Topics

trial proceduremotions for new trialappellate powercivil rules

Summary

Background

The Supreme Court granted review of a dispute that reached the Tenth Circuit. A petitioner, represented by Joseph L. Alioto, challenged judgments for three corporate respondents: Continental Baking Co., Carnation Co., and Pet Milk Co. The Court’s order asks counsel to prepare additional briefing and to address specific procedural questions at oral argument about post-trial motions and appellate authority under the Federal Rules of Civil Procedure.

Reasoning

The Court asked lawyers to address three related questions. First, whether a party can make a motion for a new trial under Rule 50(c)(2) within ten days after a district court enters judgment for the opposing parties when that entry follows a court of appeals’ direction. Second, whether an appeals-court order directing entry of judgment is compatible with Rule 50(b) as this Court interpreted that rule in earlier cases (Cone v. West Virginia Pulp & Paper Co., Globe Liquor Co. v. San Roman, and Weade v. Dichmann, Wright & Pugh). Third, whether Rule 50(d) gives a court of appeals any authority to direct entry of judgment for the other side. The order requests briefing and oral argument on these precise questions; the Court did not resolve them in the order itself.

Real world impact

If the Court later decides these questions, the ruling could change when parties must file post-trial motions and whether appeals courts can force entry of judgment. That would affect trial deadlines, litigation strategy, and how appeals courts handle close post-trial rulings. The present order is a grant of review and not a final merits decision, so the answers remain uncertain until the Court issues a full decision.

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