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BENOIST v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS

No. 77-1179.

555 F.2d 671 (1977)

E. E. BENOIST et al., Plaintiffs-Appellants, v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 26, 1977.

Rehearing and Rehearing Denied June 10, 1977.

Attorney(s) appearing for the Case

Charles P. Todt and Susan M. Hammer, Clayton, Mo., filed brief for appellants.

Richard H. Kraushaar, Cleveland, Ohio, and John L. Rooney, St. Louis, Mo., filed brief for appellee Broth. of Locomotive Engineers.

John H. Haley, Jr., St. Louis, Mo., filed brief for appellee United Transp. Union.

Albert E. Schoenbeck and Robert D. Tucker, St. Louis, Mo., and Martin M. Lucente, Chicago, Ill., filed brief for appellee Norfolk & Western R. Co.

Before HEANEY, ROSS and WEBSTER, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 10, 1977.

PER CURIAM.

Plaintiffs appeal from the district court's denial of their motion for an extension of time for filing their notice of appeal.

Plaintiffs' cause of action was dismissed without prejudice on December 29, 1976. On February 1, 1977, the clerk of the district court received a notice of appeal on behalf of plaintiffs. As it was received four days after the expiration of the 30 day time period...

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