Allen Archery, Inc. v. Precision Shooting Equipment, Inc.
| Decision Date | 13 October 1988 |
| Docket Number | No. 88-1119,88-1119 |
| Citation | 857 F.2d 1176 |
| Parties | ALLEN ARCHERY, INC., Plaintiff-Appellee, v. PRECISION SHOOTING EQUIPMENT, INC., and Paul E. Shepley, Jr., Defendants-Appellants. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Jack E. Dominik, Dominik, Stein, Saccacio & Reese, Miami Lakes, Fla., Patrick W. O'Brien, Mayer, Brown & Platt, Chicago, Ill., for defendants-appellants.
D.A.N. Chase, Linde Thomson Langworthy Kohn & Van Dyke, P.C., Overland Park, Kan., F. Daniel Welsch, Welsch & Hall, Danville, Ill., for plaintiff-appellee.
Before POSNER, RIPPLE and MANION, Circuit Judges.
On August 8 we granted the appellee's motion to dismiss Paul Shepley as an appellant. The notice of appeal, under a caption that describes the case as "ALLEN ARCHERY, INC., Plaintiff" v. "PRECISION SHOOTING EQUIPMENT, INC. and PAUL E. SHEPLEY, JR., Defendants," states: "Notice is hereby given that Precision Shooting Equipment, Inc., defendant, hereby appeals...." Citing Fed.R.App.P. 3(c) and Torres v. Oakland Scavenger Co., --- U.S. ----, 108 S.Ct. 2405, 101 L.Ed.2d 285 (1988), we rejected the argument that naming Shepley in the caption of the notice cured the omission of his name from the notice itself. Precision and Shepley have filed a petition for rehearing in which they point out that on the day after the notice of appeal was filed, a supersedeas bond was filed in the district court which states that the court had ordered a stay of execution of its judgment, pending appeal, "provided that ... Precision Shooting Equipment, Inc. and Paul E. Shepley, Jr. give a bond" and "that if the said Precision Shooting Equipment, Inc. and Paul E. Shepley, Jr. shall prosecute its appeal to effect," the obligation stated in the bond would be void. The bond, they argue, shows beyond possibility of doubt that Shepley had joined in Precision's appeal from the judgment that had been entered against both of them.
It shows no such thing. It shows only that both defendants were liable on the bond. The reference to "its appeal"--not "their appeal"--is perfectly consistent with the notice of appeal, which gave notice only of the appeal by the neuter defendant--the "it"--the company. Even under the regime that existed before Torres, the regime under which in many circuits, including this one, failure to name each appellant forfeited that party's right to appeal only if there was a danger that the appellee might have been misled by the omission, see Hays v. Sony Corp., 847 F.2d 412, 414 (7th Cir.1988), the failure to name Shepley would have been fatal. See G.E. Smith & Associates Inc. v. Otis...
To continue reading
Request your trial
-
Minority Employees of the Tennessee Dept. of Employment Sec., Inc. v. State of Tenn., Dept. of Employment Sec.
...the body only referred to "plaintiffs." We, therefore, disapprove of the blanket statement in Allen Archery, Inc. v. Precision Shooting Equip., 857 F.2d 1176, 1177 (7th Cir.1988) (per curiam), that "naming [the appellant] in the caption ... will not do." As long as the name appears on the f......
-
Nocula v. Ugs Corp.
...said that "punctilious, literal, and exact compliance" with Rule 3(c)'s requirements is required. Allen Archery, Inc. v. Precision Shooting Equip., Inc., 857 F.2d 1176, 1177 (7th Cir. 1988); see also Torres v. Oakland Scavenger Co., 487 U.S. 312, 108 S.Ct. 2405, 101 L.Ed.2d 285 (1988). Noti......
-
U.S. v. City of Chicago
...Torres v. Oakland Scavenger Co., --- U.S. ----, 108 S.Ct. 2405, 2409, 101 L.Ed.2d 285 (1988); Allen Archery, Inc. v. Precision Shooting Equipment, Inc., 857 F.2d 1176 (7th Cir.1988) (per curiam). If appropriate, the appellant can ask us then to consolidate the two appeals, and can argue tha......
-
All Pacific Trading, Inc. v. Vessel M/V Hanjin Yosu
...that it is possible to describe fewer than the entire group of potential appellants); Allen Archery, Inc. v. Precision Shooting Equipment, Inc., 857 F.2d 1176, 1177 (7th Cir.1988). See also United States v. Tucson Mechanical Contracting, Inc., 921 F.2d 911, 913-914 (9th Cir.1990). Defendant......