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VAN WYK EL PASO INV. v. DOLLAR RENT-A-CAR SYSTEMS

No. 83-1367. Summary Calendar.

719 F.2d 806 (1983)

VAN WYK EL PASO INVESTMENT, INC., a corporation, Plaintiff-Appellee, v. DOLLAR RENT-A-CAR SYSTEMS, INC., a corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 12, 1983.

Attorney(s) appearing for the Case

Ronald J. Stading, El Paso, Tex., for defendant-appellant.

Raymond C. Caballero, El Paso, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, RUBIN and JOLLY, Circuit Judges.

PER CURIAM:

Van Wyk El Paso Investments, Inc. seeks to dismiss the appeal of Dollar Rent-a-Car Systems, Inc. (Dollar Rent-a-Car), for lack of a timely notice of appeal. The motion to dismiss is granted.

On April 29, 1983, the trial court entered the judgment which is the subject of this appeal. On May 12, 1983, Dollar Rent-a-Car filed a Rule 52 motion for reconsideration of the judgment. Counsel for Dollar Rent-a-Car spoke with a law clerk by telephone on...

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