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GANN v. SMITH

No. 71-1201 Summary Calendar.

443 F.2d 352 (1971)

Melvin GANN, Petitioner-Appellee, v. W. D. SMITH, Jr., Respondent-Appellant

United States Court of Appeals, Fifth Circuit.

May 19, 1971.

Attorney(s) appearing for the Case

A. F. Summer, Atty. Gen. of Miss., Guy N. Rogers, Timmie Hancock, John M. Kinard, Sp. Asst. Attys. Gen., Jackson, Miss., for respondent-appellant.

James A. Lewis, North Miss. Rural Legal Services, Oxford, Miss., John P. Fox, Houston, Miss., for petitioner-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

In addition to defending an appeal from the grant of a writ of habeas corpus on the merits, D.C., 318 F.Supp. 409, the petitioner-appellee moves this court to dismiss the appeal on the grounds that the trial court erroneously extended the time to file a notice of appeal in this case. We agree that no showing which would support excusable neglect was made and that the appeal should be dismissed.

The undisputed...

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