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SACHS v. SNIDER

No. 79-1309.

631 F.2d 350 (1980)

Stephen H. SACHS, Attorney General of Maryland, Appellant, v. Harlan T. SNIDER and Sun Oil Company of Pennsylvania, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 7, 1980.

Attorney(s) appearing for the Case

Charles O. Monk, II, Asst. Atty. Gen., Baltimore, Md., and Chief, Antitrust Division (George A. Nilson, Deputy Atty. Gen., Michael F. Brockmeyer, Asst. Atty. Gen., Baltimore, Md., Michael S. Elder, Asst. Atty. Gen., Baltimore, Md., on brief), for appellant.

Francis J. O'Toole, Washington, D. C. (Milton Eisenberg, Fried, Frank, Harris, Shriver & Kampelman, Washington, D. C., Frank R. Roark, Chief Counsel, Philadelphia, Pa., Sunmark Industries, a Division of Sun Oil Co. of Pennsylvania, Thomas D. Washburne, Ober, Grimes & Shriver, Baltimore, Md., on brief), for appellees.

Before RUSSELL and WIDENER, Circuit Judges, and HAWKINS, District Judge.

PER CURIAM:

Upon appellees' motion to dismiss, the district court dismissed appellant's complaint by order entered December 4, 1978. No appeal was taken to this order, and neither was a motion filed to alter or amend the judgment of the district court under FRCP 59(a) and (b). Instead, on January 3, 1979, the last day on which an appeal could have been filed, see FRAP 4(a), appellant filed a motion to amend his complaint, which was denied by the district court. This...

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