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BILLINGS v. CHICAGO, R. I. & P. RR. CO.

No. 77-1711.

570 F.2d 235 (1978)

Larry K. BILLINGS, Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

January 12, 1978.

Attorney(s) appearing for the Case

Neal E. Millert, James, Odegard & Millert, Kansas City, Mo., for appellee, Chicago, Rock Island and Pacific RR. Co.

Before GIBSON, Chief Judge, and BRIGHT, Circuit Judge.

PER CURIAM.

Larry K. Billings seeks reinstatement of an appeal that we had earlier dismissed for his failure to prosecute. We conditionally reinstate the appeal for reasons stated below.

Billings brought an action against the Chicago, Rock Island & Pacific Railroad Company. Upon the district court's dismissal of the action, Billings filed a timely1 notice of appeal in the district court on August 29, 1977, and this court received...

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