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EVANS v. JONES

No. 10410.

366 F.2d 772 (1966)

Edward D. EVANS, Appellant, v. Melvin W. JONES, Isaac E. Jacobs, Deputy Sheriffs of the County of Durham, and Jennis Mangum, Sheriff of the County of Durham, individually and as Officers of the County of Durham, Jointly and Severally, and the Glens Falls Insurance Company, bonding agent, and the County of Durham, N. C., and Bobbie L. Jacobs, Appellees.

United States Court of Appeals Fourth Circuit.

Decided September 14, 1966.

Attorney(s) appearing for the Case

M. C. Burt, Jr., Durham, N. C., for appellant.

Jerry L. Jarvis, Durham, N. C. (A. H. Borland, Durham, N. C., for Isaac E. Jacobs; James L. Newsom, Durham, N. C., for Jennis M. Mangum; Marshall T. Spears, Durham, N. C., for Glens Falls Insurance Company, and Robert D. Holleman, Durham, N. C., for County of Durham, on motion), for appellees.

Before HAYNSWORTH, Chief Judge, SOBELOFF and J. SPENCER BELL, Circuit Judges.

PER CURIAM:

This is an appellee's motion to dismiss an appeal in a civil case for appellant's failure to file a timely notice of appeal.

The judgment of the District Court was entered on October 30, 1965, and the last day for noticing an appeal was Monday, November 29, 1965. In response to the appellee's motion to dismiss, appellant's lawyer has filed in this court an affidavit stating that he deposited the notice in the mail box at the corner of Main and...

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