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STOKES v. PEYTON'S INC.

No. 74-3290.

508 F.2d 1287 (1975)

Robert P. STOKES, Plaintiff-Appellant, v. PEYTON'S INC., and Travco Plastics Company, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 13, 1975.

Attorney(s) appearing for the Case

Foy R. Devine, Thomas J. Hughes, Jr., Atlanta, Ga., for plaintiff-appellant.

John A. Sherrill, Atlanta, Ga., for Peyton Inc.

Neely, Freeman & Hawkins, Atlanta, Ga., for Travco Plastics Co., Inc.

J. Bruce Welch, William Q. Bird, Eugene G. Partain, Daniel M. Coursey, Jr., Atlanta, Ga., for defendants-appellees.

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.

GODBOLD, Circuit Judge.

One of the two appellees, Peyton's Inc., has filed a motion to dismiss the appeal on the ground notice of appeal was not timely filed.

This is the sequence of events:

July 18 [1974]: judgment entered in favor of appellees.

July 29: appellant filed motion for new trial.

August 13: with motion for new trial pending, appellant filed notice of appeal.

September 17: motion for new trial denied.

September...

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