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CALHOUN v. UNITED STATES

No. 79-4777.

647 F.2d 6 (1981)

Norman P. CALHOUN, Plaintiff-Appellant, and Viola E. Calhoun, Plaintiff, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 14, 1981.

Attorney(s) appearing for the Case

Norman P. Calhoun, Tulare, Cal., for plaintiff-appellant.

William B. Shubb, U. S. Atty., James E. White, Asst. U. S. Atty., Fresno, Cal., Gilbert E. Andrews, Robert L. Baker, Washington, D. C., for defendant-appellee.

Before HUG, SCHROEDER and NELSON, Circuit Judges.

HUG, Circuit Judge.

The only issue before this court at this time is the timeliness of Calhoun's appeal. This opinion arises in response to the United States' motion to dismiss Calhoun's appeal as untimely and to the court's sua sponte consideration of the requirements of Fed.R.App.P. 4(a)(4) and (6). For the reasons set forth below, we hold that the appeal was timely and deny the motion to dismiss.

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