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FINCHER v. KELLER INDUSTRIES, INC.

No. 90-5254.

905 F.2d 691 (1990)

Charles E. FINCHER and Sandra Fincher, his wife, Appellants, v. KELLER INDUSTRIES, INCORPORATED, a Florida corporation, Keller Ladders Eastern Incorporated, a Virginia corporation; and Service Merchandise Company, Incorporated, a Tennessee corporation, trading as Mr. How Warehouse of Margate, Florida.

United States Court of Appeals, Third Circuit.

Decided June 15, 1990.

Rehearing and Rehearing Denied July 30, 1990.

Attorney(s) appearing for the Case

John M. de Laurentis, Cherry Hill, N.J., for appellants.

Barbara A. Frasco, Murphy & O'Connor, Haddonfield, N.J., for appellee, Keller Industries, Inc.

Before SLOVITER, SCIRICA and NYGAARD, Circuit Judges.

Rehearing and Rehearing In Banc Denied July 30, 1990.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Before us is a motion by the appellee, Keller Industries, Inc. (Keller), to dismiss the appeal filed by plaintiffs Charles E. Fincher and Sandra Fincher on the ground that it was not timely filed. The relevant facts are undisputed.

The jury entered a verdict for the defendant Keller on January 11, 1990. On the same day, the district court executed...

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