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CURACAO DRYDOCK CO., ETC. v. M/V AKRITAS

No. 83-3212.

710 F.2d 204 (1983)

CURACAO DRYDOCK COMPANY, (N.Y. CURACAOSE DOK MAATSCHAPPLI), Plaintiff-Appellee, v. The M/V AKRITAS, her engines, tackle, apparel, Etc., in rem, et al., Defendants, Buena Valle, S.A., in personam, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 25, 1983.

Attorney(s) appearing for the Case

Chaffe, McCall, Phillips, Toler & Sarpy, Harvey G. Gleason, New Orleans, La., for defendant-appellant.

Phelps, Dunbar, Marks, Claverie & Sims, George J. Fowler, III, New Orleans, La., for plaintiff-appellee.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Reconsidering earlier dicta, we hold that the notice of appeal of a judgment in an admiralty case, like the notice of appeal in all other civil cases, must be filed within the time limits set by Fed.R.App.P. 4. We are thus constrained to dismiss this admiralty appeal, even though counsel for the appellant may have relied on that dicta, because both we and the district court lack authority to extend the time prescribed by the Federal...

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