LAIRSEY v. ADVANCE ABRASIVES CO.

No. 75-8164.

542 F.2d 928 (1976)

Quincy LAIRSEY and Frances Lairsey, Plaintiffs-Appellants, v. The ADVANCE ABRASIVES COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 18, 1976.


Attorney(s) appearing for the Case

Edward E. Boshears, Brunswick, Ga., for plaintiffs-appellants.

J. Thomas Whelchel, Brunswick, Ga., Joseph A. Sherman, Kansas City, Mo., for defendant-appellee.

Before GODBOLD, McCREE and TJOFLAT, Circuit Judges.


GODBOLD, Circuit Judge:

More than four months after timely filing notice of appeal appellants filed a Rule 60(b)(1) motion1 in the district court pointing out a post-judgment change in the controlling decisional law of Georgia. The district court denied the motion on the ground it was untimely because not filed within the period allowed for perfecting a timely appeal. We hold that the motion was timely filed within the provisions of Rule...

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