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WYZIK v. EMPLOYEE BENEFIT PLAN OF CRANE CO.

No. 81-1418.

663 F.2d 348 (1981)

Celia WYZIK, Plaintiff, Appellant, v. The EMPLOYEE BENEFIT PLAN OF CRANE CO., Stephen R. Frey, Plan Administrator, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 9, 1981.

As Amended on Denial of Rehearing December 9 and December 11, 1981.

Attorney(s) appearing for the Case

Joel Pentlarge, Ware, Mass., on brief for plaintiff, appellant.

Hamilton Doherty, Jr., and Bulkley, Richardson & Gelinas, Springfield, Mass., on Motion to Dismiss Appeal and Memorandum in Support Thereof, for defendant, appellee.

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

PER CURIAM.

The notice of appeal in this case was filed one day late under Rule 4(a)(1), F.R.A.P.1 This court cannot extend the time for filing, and the time to move for an extension from the district court, 512 F.Supp. 1222, has also passed. Rule 4(a)(5), F.R.A.P.2

Under the predecessor of present Rule 4(a), courts were generally willing to treat a tardy notice...

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