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TRIPATI v. HENMAN

Nos. 87-2039, 87-2202.

845 F.2d 205 (1988)

Anant Kumar TRIPATI, Plaintiff-Appellant, v. Gary L. HENMAN; R.J. Barncastle; Willis Gibson; Richard A. Stacy; Leland Pico; Dale Berndt, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 25, 1988.

Attorney(s) appearing for the Case

Anant Kumar Tripati, in pro per.

Eugene R. Bracamonte, Asst. U.S. Atty., Tucson, Ariz., for defendants-appellees.

Before ANDERSON and BOOCHEVER, Circuit Judges, and STEPHENS, District Judge.

PER CURIAM:

The dispositive issue in this appeal is whether a district court retains subject matter jurisdiction to consider a timely Fed.R.Civ.P. 59(e) motion to alter or amend a judgment when the motion is filed subsequent to a notice of appeal. We reverse the district court's holding that it lacked jurisdiction over the Rule 59(e) motion.

Anant Kumar Tripati (Tripati) filed an amended civil rights complaint under 42 U.S.C. § 1985 (1982) against various...

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