No. 88-1038.

857 F.2d 988 (1988)

Gail W. DAVIDSON, Plaintiff-Appellant, v. SUN EXPLORATION & PRODUCTION CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 24, 1988.

Attorney(s) appearing for the Case

Dennis C. Reich, Reich & Binstock, Houston, Tex., for plaintiff-appellant.

Franklin H. McCallum, Hinkle, Cox, Eaton, Midland, Tex., Richard E. Olson, Roswell, N.M., for defendant-appellee.

Before RUBIN, JOHNSON, and JOLLY, Circuit Judges.


Once again, the express terms of Federal Rule of Appellate Procedure 4(a)(4), as interpreted by us in Harcon Barge Co. v. D & G Boat Rentals, Inc.,1 require that we treat as ineffective a notice of appeal filed while a motion for a mistrial or new trial, albeit on only one issue in the case, was pending. That notice of appeal was a nullity, and no other notice was filed. We therefore lack jurisdiction and must dismiss...

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