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WILSON v. ATWOOD GROUP

No. 82-3688

702 F.2d 77 (1983)

Mrs. Charlotte WILSON, Plaintiff, v. The ATWOOD GROUP and Occidental Petroleum Corporation, Defendants-Appellees, Cross-Appellants, v. Kirby L. STARK, Worldwide Drilling Consultants, Inc. and Hartford Accident and Indemnity Company, Third Party Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted June 13, 1983.

Attorney(s) appearing for the Case

Hebert & Abbott, Lawrence E. Abbott, New Orleans, La., for Stark, et al.

Camp, Carmouche, Palmer, Barsh & Hunter, Donald Ensenat, New Orleans, La., for Atwood.

Hailey, McNamara, McNamara & Hall, Antonio E. Papale, Jr., Metairie, La., for Occidental Petroleum.

Before REAVLEY, GARWOOD and JOLLY, Circuit Judges.

REAVLEY, Circuit Judge:

This case involves the proper application of Fed.R.Civ.P. 77(d) [F.R.C.P.] and F.R. C.P. 60(b). We hold that there was no timely notice of appeal and dismiss the appeal.

On May 7 and 8, 1981 the case was tried without a jury to Judge Gordon. Judge Gordon took the case under advisement. Because of Judge Gordon's untimely death, the case was reassigned to Judge Carr. On April 7, 1982, the case...

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