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GULF-TAMPA DRYDOCK COMPANY v. VESSEL VIRGINIA TRADER

No. 29349.

435 F.2d 150 (1970)

GULF-TAMPA DRYDOCK COMPANY, Plaintiff-Appellee, v. The VESSEL VIRGINIA TRADER, her engines, etc., and American Trading and Production Company, Defendant-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 22, 1970.

Attorney(s) appearing for the Case

James O. Davis, Jr., Margaret Deaton, Tampa, Fla., for defendant-appellants.

Jack C. Rinard, Brooks P. Hoyt, of Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for plaintiff-appellee.

Before TUTTLE, DYER and SIMPSON, Circuit Judges.

PER CURIAM:

Summary judgment in favor of Gulf-Tampa Drydock Company was entered by the trial court on December 1, 1969. Pursuant to Rule 4, Federal Rules of Appellate Procedure, if appellants wished to file notice of appeal, they had to do so within thirty days of entry of summary judgment, unless the time was tolled by the timely filing of a motion for rehearing under Rule 59, Federal Rules of Civil Procedure. It appears that such motion, in this case, was not filed...

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