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FIRST NATIONWIDE BANK v. SUMMER HOUSE JOINT VENTURE

No. 89-1790.

902 F.2d 1197 (1990)

FIRST NATIONWIDE BANK, A Federal Savings Bank, Plaintiff-Appellee, v. SUMMER HOUSE JOINT VENTURE, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 16, 1990.

Attorney(s) appearing for the Case

Priscilla E. Perry, Samuel L. Boyd, Boyd & Adams, Dallas, Tex., for defendants-appellants.

Charles A. Gall, Pamela A. Swank, Jenkens & Gilchrist, Dallas, Tex., for plaintiff-appellee.

Before REAVLEY, JONES and DUHÉ, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 16, 1990.

REAVLEY, Circuit Judge:

This is an appeal from a summary judgment and from an order denying appellants' motion for new trial. Finding appellants' post-judgment ("new trial") motion to be a Rule 60(b) motion, we conclude that the notice of appeal was not timely as to the underlying judgment and leaves us without jurisdiction to review it. Unable to find any abuse of discretion, we affirm the order denying...

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