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SHAH v. HUTTO

No. 81-6855.

704 F.2d 717 (1983)

Abdul SHAH, Robert Jackson, Appellants, v. T.D. HUTTO, Gene Johnson, Major San Fillippio, Mrs. O.J. Garland, J.M. King, Members of the ICC, R.A. Bass, A.P. Grizzard, S.S. Taylor, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 4, 1983.

Attorney(s) appearing for the Case

Martin J. Barrington, Richmond, Va. (Hunton & Williams, Richmond, Va., on brief), for appellants.

Alan Katz, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellees.

Before HALL and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

The question for decision is whether the 1979 amendment to Federal Rule of Appellate Procedure 4(a) has overruled this court's decision in Craig v. Garrison, 549 F.2d 306 (4th Cir.1977). In that case we held that when a pro se litigant files a notice of appeal that is untimely but within the period during which an extension of time might be granted pursuant to Rule 4(a), the litigant must be...

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