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WILLIAMS v. BOLGER

No. 79-3733 Summary Calendar.

633 F.2d 410 (1980)

Ellis WILLIAMS, Plaintiff-Appellant, v. William F. BOLGER, Postmaster General et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 22, 1980.

Attorney(s) appearing for the Case

William F. Rucker, Decatur, Ga., for plaintiff-appellant.

William Bolger, Postmaster Gen. et al., Myles E. Eastwood, Asst. U. S. Atty., Atlanta, Ga., John G. Hollingsworth, Jr., Asst. Regional Labor Counsel, U. S. Postal Service, Memphis, Tenn., for defendants-appellees.

Before HILL, GARZA and THOMAS A. CLARK, Circuit Judges.

GARZA, Circuit Judge:

The procedural history of this litigation confronts us with a jurisdictional question we have noticed sua sponte: is a notice of appeal from a District Court order which is filed during the pendency of a Fed.R.Civ.P. 59(e) motion to reconsider that order a nullity under Fed.R.App.P. 4(a)(4)? In explaining our affirmative answer to this question, we begin with the axiom that a valid notice of appeal is a jurisdictional prerequisite to review...

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