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SMITH v. MINE SAFETY APPLIANCES COMPANY

No. 82-3553.

691 F.2d 724 (1982)

Vance SMITH, Plaintiff-Appellant, v. MINE SAFETY APPLIANCES COMPANY, American Optical Corporation, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 2, 1982.

Attorney(s) appearing for the Case

Bruno, Bruno & Blouin, Joseph M. Bruno, New Orleans, La., for plaintiff-appellant.

James Selman, New Orleans, La., for Mine Safety Appliances.

Daniel J. Caruso, New Orleans, La., for American Optical Corp.

Thomas E. Loehn, New Orleans, La., for Avondale.

Borrello & Huber, Bruce J. Borrello, Metairie, La., for Jack Cocke & Co.

Alan Dean Weinberger, William S. Marshall, Jr., New Orleans, La., for D.A. Krenz, et al.

Before GEE, RANDALL and TATE, Circuit Judges.

On Motion of One Appellee to Dismiss the Appeal as Against It

TATE, Circuit Judge:

Jack Cocke & Company ("Cocke"), one of numerous defendants-appellees, moves to dismiss the plaintiff Vance Smith's appeal as against it. Finding that Smith's appeal was not timely as against this defendant, we grant Cocke's motion.

The plaintiff Smith's suit as against the defendant Cocke was dismissed by judgment signed and filed on December 29, 1981. The...

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