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GIBBS v. MAXWELL HOUSE, DIV. OF GEN. FOODS CORP.

No. 82-3160.

701 F.2d 145 (1983)

Frank GIBBS, Jr., Plaintiff-Appellant, v. MAXWELL HOUSE, a DIVISION OF GENERAL FOODS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 25, 1983.

Attorney(s) appearing for the Case

Deitra Micks, Jacksonville, Fla., for plaintiff-appellant.

John A. Ricca, Sr. Labor Atty., Gen. Foods Corp., White Plains, N.Y., for defendant-appellee.

Before RONEY, VANCE and ANDERSON, Circuit Judges.

BY THE COURT:

In this civil rights action, we grant defendant Maxwell House's motion to dismiss plaintiff Gibbs' appeal for lack of a timely notice of appeal. On October 12, 1982 the district court dismissed Gibbs' action. Purporting to invoke both Fed.R.Civ.P. 59 and 60, Gibbs on October 22nd filed a timely "Motion for Reconsideration and Relief from Order of Dismissal." On November 10th, before the district court had ruled on his motion, Gibbs filed a notice of...

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