INF, Ltd. v. Spectro Alloys Corp.

concluding that Rule 4(b)(4)'s extension provision applies to government appeals taken under 18 U.S.C. § 3731 | “The key question under Rule 4(b) is when the notice of appeal was filed, not when the time extension was granted.” | "The key question under Rule 4(b) is when the notice of appeal was filed, not when the time extension was granted." | remanded for reconsideration in light of United States v. Rios, 495 U.S. 257, 110 S.Ct. 1845, 109 L.Ed.2d 224 (1990) | remanded for reconsideration in light of United States v. Rios, 495 U.S. 257, 110 S.Ct. 1845, 109 L.Ed.2d 224 (1990) | First Amendment does not convert every public employee grievance into a matter of public concern | “A missing witness instruction is not appropriate when the witness is available to both the defense and the prosecution.” | “The record does not suggest in any way that the defendant’s actions were somehow unofficial. The capacity in which the individual defendants were in fact acting is what matters, not the capacity in which they were sued_” | "Several courts of appeals have construed this provision to mean that, in criminal cases, a notice of appeal filed within thirty days after the expiration of the filing period functions as a request for an extension of time ____”