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ECHOLS v. PARKER

Nos. 89-4349, 89-4633.

909 F.2d 795 (1990)

Lonnie ECHOLS, et al., Plaintiffs-Appellees, v. Joel T. PARKER, et al., Defendants, State of Mississippi, Appellant.

United States Court of Appeals, Fifth Circuit.

August 13, 1990.

Attorney(s) appearing for the Case

T. Hunt Cole, Asst. Atty. Gen., Mike Moore, Atty. Gen., Jackson, Miss., for appellant.

Charles Victor McTeer, Greenville, Miss., Ellis Turnage, Morris & Turnage, Cleveland, Miss., Margaret Carey, Michael I. Sayer, Greenville, Miss., for plaintiffs-appellees.

Before CLARK, Chief Judge, WISDOM and SMITH, Circuit Judges.

ON PETITION FOR REHEARING

CLARK, Chief Judge:

In a previous unpublished opinion, 902 F.2d 957 (5th Cir.1990), we affirmed the district court's extension of the "unique circumstances" exception to the ten-day time limit of Federal Rule of Civil Procedure 59(e). The exception had formerly been applied only "to allow untimely appeal, when the appellant has reasonably relied upon a district court's erroneous extension of the time allowed for filing Rule 52 or...

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