DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082166P.pdf 06/04/2009 American Boat Company v. Unknown Sunken Barge
U.S. Court of Appeals Case No: 08-2166
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Shepherd, Author, with Riley and Smith, Circuit Judges]
Civil case - civil procedure. For the court's earlier opinion in the matter
see American Boat v. United States, 418 F.3d 910 (8th Cir. 2005).
American Boat failed to rebut the presumption that it received the
appealable order in the case through the district court's CM/ECF noticing
system, and the district court's factual finding that American Boat failed
to satisfy the lack-of-notice requirement of FRAP 4(a)(6)(A) was not
clearly erroneous; as a result, the district court's ruling denying American
Boat's motion to reopen is affirmed.