ORDER
Defendants move to dismiss plaintiff Fiester's appeal for lack of subject matter jurisdiction, contending that the notice of appeal was not timely filed. We deny this motion because although Fiester's notice of appeal is untimely as to the underlying judgment, it is timely as to the district court's denial of his motion for reconsideration.
Judgment in this case was entered on August 16, 1985. Fiester's counsel, however, did not learn of the decision...
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