SESHACHALAM v. CREIGHTON UNIV. SCH. OF MEDICINE

No. 76-1949.

545 F.2d 1147 (1976)

Dutta SESHACHALAM, Appellant, v. CREIGHTON UNIVERSITY SCHOOL OF MEDICINE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 13, 1976.


Attorney(s) appearing for the Case

Benjamin M. Wall, Omaha, Neb., for appellant.

Lyle E. Strom and C. L. Robinson, Omaha, Neb., for appellee.

Before HEANEY, STEPHENSON and HENLEY, Circuit Judges.


PER CURIAM.

The appellee has moved to dismiss this appeal on the basis of appellant's failure to file a timely notice of appeal. We postpone ruling on the motion and remand the case to permit the appellant to request the district court to accept nunc pro tunc the notice of appeal filed on October 1, 1976, on grounds of excusable neglect.

The district court's1 order and judgment was filed on August 9, 1976. On August 13 appellant...

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