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TIDEMARK, INC., v. BRAZOS PORT TOWING CO., INC.

No. 85-3054.

756 F.2d 1236 (1985)

TIDEMARK, INC., et al., Plaintiffs-Appellants, v. BRAZOS PORT TOWING CO., INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 11, 1985.

Attorney(s) appearing for the Case

Philip J. Foto, New Orleans, La., for plaintiffs-appellants.

Bailey & Leininger, Michael A. Lombard, Metairie, La., for defendants-appellees.

Before RUBIN, RANDALL and TATE, Circuit Judges.

PER CURIAM:

A "Motion to Appeal" filed within thirty days after entry of judgment is sufficient to lodge an appeal even though a document entitled "Notice of Appeal" is filed only after the time for appeal has run, for the misnomer is a mere "informality of form or title." The plaintiffs' "Motion to Appeal," properly filed within thirty days from the entry of the order denying a new trial, satisfies the requirements of Fed.R.App.P. 3(c) which dictates the essential...

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