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Pratt v. Philbrook, 97-1932 (1998)

Court: Court of Appeals for the First Circuit Number: 97-1932 Visitors: 20
Filed: Feb. 12, 1998
Latest Update: Mar. 02, 2020
Summary: ____________________, and Lynch, Circuit Judge.William F. Scannell, Jr. with whom Edward W. McIntyre was on, __________________________ ___________________, brief for appellant. In this appeal, plaintiff-appellant, Per curiam.discretion.and its mixed fact/law determinations are unassailable.
USCA1 Opinion









[Not for Publication]
United States Court of Appeals
For the First Circuit
____________________


No. 97-1932

MARY V. PRATT,

Plaintiff, Appellant,

v.

KELLEY C. PHILBROOK,

Defendant, Appellee.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Michael A. Ponsor, U.S. District Judge] ___________________

____________________

Before

Stahl, Circuit Judge. _____________
Campbell, Senior Circuit Judge, ____________________
and Lynch, Circuit Judge. _____________

____________________

William F. Scannell, Jr. with whom Edward W. McIntyre was on __________________________ ___________________
brief for appellant.
Paul G. Pino with whom Clark, Balboni & Gildea was on brief for ____________ _______________________
appellee.


____________________

February 11, 1998
____________________





















Per curiam. In this appeal, plaintiff-appellant Per curiam. ___________

Mary V. Pratt asserts that the district court acted outside

its discretion in concluding that her failure to comply with

the terms of its sixty-day Settlement Order of Dismissal was

not a result of "excusable neglect." See generally Pioneer ___ _________ _______

Inv. Servs. Co. v. Brunswick Assocs. Ltd., 507 U.S. 380 _________________ _______________________

(1993) (explaining the concept of "excusable neglect").

Having carefully reviewed the court's determinations -- as

set forth in its comprehensive opinion -- in the light of

plaintiff's appellate arguments, we perceive no abuse of

discretion. The court's factual findings are well supported

and its mixed fact/law determinations are unassailable.

Affirmed. Costs to appellee. Affirmed. Costs to appellee. _________



























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Source:  CourtListener

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