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BEBOUT v. BETO

No. 72-2838. Summary Calendar.

472 F.2d 339 (1973)

Commodore Foster BEBOUT, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 23, 1973.

Attorney(s) appearing for the Case

Donald L. Kraemer, Huntsville, Tex., for petitioner-appellant.

Crawford Martin, Atty. Gen., Robert Darden, Asst. Atty. Gen., E. Bruce Curry, Asst. U. S. Atty., Austin, Tex., for respondent-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

This case comes to this court on an appeal from the denial of a motion for rehearing which motion was filed over four years after entry of the judgment of dismissal on which rehearing was sought.

The motion for rehearing was not timely filed; hence the time for filing notice of appeal was not extended. Thus a timely notice of appeal is lacking and the appeal must be dismissed for want of jurisdiction. See Albers v. Gant, 5 Cir., 1970,

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