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SANCHEZ v. BD. OF REGENTS OF TEXAS SOUTHERN UNIVERSITY

No. 80-1414.

625 F.2d 521 (1980)

Alejandro SANCHEZ et al., Plaintiffs-Appellees, v. BOARD OF REGENTS OF TEXAS SOUTHERN UNIVERSITY et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 25, 1980.

Attorney(s) appearing for the Case

Nathan Johnson, Theresa Ann Kraatz, Asst. Attys. Gen., Austin, Tex., for defendants-appellants.

David T. Lopez, Houston, Tex., for plaintiffs-appellees.

Before GODBOLD, REAVLEY and ANDERSON, Circuit Judges.

GODBOLD, Circuit Judge:

Appellees move to dismiss this appeal on the ground that the notice of appeal was untimely under Rule 4(a), F.R.A.P., and that this court, therefore, lacks jurisdiction.1 Final judgment was entered by the district court February 25, 1980. Appellant mailed the notice of appeal to the court and to opposing counsel March 24, 28 days after the judgment was entered. Appellee received his copy on March 26, but the copy...

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