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SPROUT v. FARMERS INS. EXCHANGE

No. 80-4414.

681 F.2d 587 (1982)

Jeffrey L. SPROUT and Holly Renee Sprout, Plaintiffs-Appellants, v. FARMERS INSURANCE EXCHANGE, a California Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 9, 1982.

Attorney(s) appearing for the Case

James C. Van Winkle, Hill Cassas de Lipkau & Erwin, Reno, Nev., for plaintiffs-appellants.

Edward J. Lemons, Reno, Nev., for defendant-appellee.

Before BROWNING, Chief Judge, and SKOPIL and NORRIS, Circuit Judges.

PER CURIAM:

The Sprouts appeal from a district court order of July 8, 1980, granting summary judgment against them. Their attorney prepared a notice of appeal late in the afternoon of August 7, 1980, the last day on which appeal could be taken under Fed.R.App.P. 4(a)(1), and sent his secretary to the district court clerk's office to file it. She arrived shortly after the clerk's office closed at 4:00 p. m. The notice of appeal was not filed until August 8, 1980 &...

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