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TRUETT v. JOHNS-MANVILLE SALES CORP.

No. 84-8008 Non-Argument Calendar.

725 F.2d 1301 (1984)

H.T. TRUETT, Sr., Plaintiff-Appellant, v. JOHNS-MANVILLE SALES CORP., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 10, 1984.

Attorney(s) appearing for the Case

Roger B. Lane, Brunswick, Ga., for plaintiff-appellant.

J. Douglas Stewart, Gainesville, Ga., for Nicolet.

J. Wayne Pierce, Atlanta, Ga., for Forty-Eight & Eagle-Picher.

William C. Reed, Augusta, Ga., for Fibreboard.

James E. Mahar, Jr., Gainesville, Ga., for UNARCO.

Charles B. Mikell, Jr., Savannah, Ga., for Celotex.

Before FAY, VANCE and KRAVITCH, Circuit Judges.

PER CURIAM:

On October 18, 1983, the district court entered an order of summary judgment in favor of appellees. On December 8, 1983, fifty-one days after the entry of final judgment, appellant filed an untimely notice of appeal together with a motion for extension of time for appeal. Finding excusable neglect warranting an extension of time, the district court granted the motion ex parte. Appellees now move this court to dismiss the appeal as untimely on the...

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