IN RE JOHNSON COVER COMPANY

Bankruptcy No. 84-00717-H4-5, Civ.A. No. H-88-2482.

92 B.R. 712 (1988)

In re JOHNSON COVER COMPANY, Debtor. John APGAR, Plaintiff, v. SOUTH MAIN BANK, et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

October 27, 1988.


Attorney(s) appearing for the Case

James O'Donnell, Butler & Binion, Houston, Tex., for Johnson Cover Co.

Shelby A. Jordan, Brown, Jordan & Hyden, Corpus Christi, Tex., for John Apgar.

John C. Allen, Houston, Tex., for Donald G. Johnson.


MEMORANDUM OF DISMISSAL OF APPEAL

HUGHES, District Judge.

The question on appeal is whether one defendant's filing of a motion to alter the judgment nullifies any other defendant's notice of appeal. Until the post-trial motions allowed by Rule 4 have been addressed, this court lacks jurisdiction to hear the appeal. At this time, the defendant's notice of appeal has no effect.

One of the defendants, Donald G. Johnson, filed a notice of appeal from...

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