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AKERS v. STATE MARINE LINES, INC.

No. 21698.

344 F.2d 217 (1965)

Leon AKERS, Appellant, v. STATE MARINE LINES, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 28, 1965.

Attorney(s) appearing for the Case

W. Jiles Roberts, Houston, Tex., for appellant.

George H. Kolb, Frank G. Harmon, Houston, Tex., Baker, Botts, Shepherd & Coates, Houston, Tex., of counsel, for appellees.

Before HUTCHESON, Circuit Judge, WHITAKER, Senior Judge, and RIVES, Circuit Judge.

HUTCHESON, Circuit Judge:

This appeal is from the district court's entry of summary judgment dismissing Appellant's libel.

I.

At the outset Appellees contend this Court does not have jurisdiction because the notice of appeal was not timely filed. This assertion is based upon the supposition that the time in which to file the notice of appeal began to run from the date the district court made the following notation on his calendar sheet:

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