STAUBER v. KIESER

No. 80-2336.

810 F.2d 1 (1982)

Ralph O. STAUBER and Mary S. Boder, Plaintiffs-Appellants, v. Lawrence L. KIESER and Juanita Kieser, co-partners d/b/a J & L Outlet, Defendants-Appellees. Ralph O. STAUBER and Mary S. Boder, Plaintiffs-Appellants, v. ALLIED MILLS, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Order Published February 2, 1987.


Attorney(s) appearing for the Case

W.H. Utz, Jr., of Utz, Litvak, Thackery, Utz & Taylor, St. Joseph, Mo., for plaintiffs-appellants.

Thomas G. Kokoruda and George A. Barton of Shughart, Thomson & Kilroy, Kansas City, Mo., and Jack R. Euler of Euler & Euler, Troy, Kan., for defendants-appellees.

Before SETH, Chief Judge, and PICKETT and SEYMOUR, Circuit Judges.


PER CURIAM.

Defendants-appellees have filed a motion to dismiss this appeal as untimely. For the reasons hereinafter stated, this motion is denied.

In the case below, the district court granted defense motions for summary judgment on April 17, 1980. Since May 17 fell on a Saturday, the thirty-day time limit for filing an appeal fell on Monday, May 19. On April 30, plaintiffs sought to extend the time to file a Fed.R.Civ.P. 59(e) motion to alter or amend the...

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