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HOWELL v. MARMPEGASO COMPANIA NAVIERA, S.A.

No. 77-2901.

566 F.2d 992 (1978)

Hassie Duran HOWELL, Plaintiff-Appellee, v. MARMPEGASO COMPANIA NAVIERA, S.A. and A.B.C. Company, Defendants-Appellees. J. P. Florio & Co., Inc., Third-Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 11, 1978.

Attorney(s) appearing for the Case

Stuart A. McClendon, W. Frederick Denkman, Metairie, La., for Florio.

Melvyn J. Perez, Chalmette, La., Charles J. Ferrara, Metairie, La., for Hassie Duran Howell.

William A. Ransom, III, New Orleans, La., for Marmpegaso.

Charles R. Maloney, New Orleans, La., for plaintiff-appellee.

Before THORNBERRY, RONEY and RUBIN, Circuit Judges.

BY THE COURT:

Plaintiff Howell seeks an order dismissing the appeal of third-party defendant J. P. Florio & Co., Inc., contending, inter alia, that notice of appeal was not timely filed. Finding no merit in Howell's contentions, we deny the motion.

This is Florio's second appeal in this case. In his original appeal, this Court found the $150,000 jury award excessive and directed the district court to require a remittitur to the outer limits of the...

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