AIRLINE PILOTS IN SERVICE OF EXECUTIVE AIRLINES, INC. v. EXECUTIVE AIRLINES, INC.

Nos. 77-1448, 77-1471.

569 F.2d 1174 (1978)

AIRLINE PILOTS IN the SERVICE OF EXECUTIVE AIRLINES, INC., COUNSEL NUMBER 2, UNION OF PROFESSIONAL AIRMEN, Plaintiff, Appellant, v. EXECUTIVE AIRLINES, INC., et al., Defendants, Appellees. AIRLINE PILOTS IN the SERVICE OF EXECUTIVE AIRLINES, INC., COUNSEL NUMBER 2, UNION OF PROFESSIONAL AIRMEN, Plaintiff, Appellee, v. EXECUTIVE AIRLINES, INC., et al., Defendants, Appellees, Air New England, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 2, 1978.


Attorney(s) appearing for the Case

Loyd M. Starrett, Boston, Mass., with whom Arthur G. Telegen and Foley, Hoag & Eliot, Boston, Mass., were on brief, for plaintiff, appellant, Air New England.

Richard E. Davis, Barre, Vt., with whom David L. Cleary and Richard E. Davis Associates, Inc., Barre, Vt., were on brief, for defendants, appellees, Airline Pilots in the Service of Executive Airlines, Inc., Counsel No. 2, Union of Professional Airmen.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


PER CURIAM.

The sole issue in this case is whether the district court erred as a matter of law in allowing Airline Pilots Union, plaintiff-appellee, to file its Notice of Appeal late pursuant to Rule 4(a) of the Federal Rules of Appellate Procedure. The pertinent portion of the rule reads:

Upon a showing of excusable neglect, the district court may extend the time for filing the notice of appeal by any party for a period not to exceed 30 days from the expiration...

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