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FAIRWAY CENTER CORPORATION v. U.I.P. CORPORATION

No. 73-1773.

491 F.2d 1092 (1974)

FAIRWAY CENTER CORPORATION, Appellant, v. U.I.P. CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

February 7, 1974.

Attorney(s) appearing for the Case

Edward W. Dailey and William R. Ruther, Burlington, Iowa, for appellant.

J. C. Riley, H. C. Walsh and Elmer M. Jones, Burlington, Iowa, for appellee.

Before GIBSON, LAY and STEPHENSON, Circuit Judges.

PER CURIAM.

This case comes before us pursuant to appellee's motion for summary dismissal of appellant's appeal. See Rule 9(b) of this court. The motion is denied.

Appellee's only substantial argument is that appellant has not perfected his appeal within the 30 day time requirement of Fed.R.App.P. 4(a). The District Court entered judgment in this case on August 21, 1973. Sometime before August 31, the appellant telephoned the district judge and requested...

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