ALAMO CHEMICAL TRANSP. CO. v. M/V OVERSEAS VALDES

Nos. 82-3498, 83-3201.

726 F.2d 1073 (1984)

ALAMO CHEMICAL TRANSPORTATION CO., Plaintiff-Appellee Cross-Appellant, v. M/V OVERSEAS VALDES, Her Engine, Etc., et al., Defendants, v. FIRESTONE TIRE & RUBBER CO., Intervenor-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

March 16, 1984.


Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles, Cornelius G. Van Dalen, Francis J. Barry, Jr., New Orleans, La., for Firestone Tire & Rubber Co.

Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher, George A. Frilot, III, Andrew S. de klerk, New Orleans, La., for Alamo Chemical Transp. Co.

Before POLITZ, JOHNSON and WILLIAMS, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

Appellant, Firestone Tire & Rubber Co. ("Firestone"), failed to file this appeal within thirty days after the district court entered judgment because, and only because, its counsel had relied on the clerk of court to give notice of the entry of judgment and no such notice was received by counsel. Consequently, counsel did not learn of the judgment until the time for appeal had expired. Because the notice of appeal was filed too...

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