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JUSTINE REALTY CO. v. AMERICAN NAT. CAN CO.

No. 90-3067.

945 F.2d 1044 (1991)

JUSTINE REALTY COMPANY, Appellant, v. AMERICAN NATIONAL CAN COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 27, 1991.

Rehearing and Rehearing Denied November 7, 1991.

Attorney(s) appearing for the Case

Allen S. Boston, St. Louis, Mo., argued (Robert J. Golterman, on brief), for appellant.

Michael A. Kahn, St. Louis, Mo., argued (Kenneth E. Dick, on brief), for appellee.

Before JOHN R. GIBSON and BOWMAN and BEAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 7, 1991.

BEAM, Circuit Judge.

Before us is a motion to dismiss Justine Realty Company's appeal from the district court's judgment in favor of American National Can Company. American Can argues, in essence, that Justine improperly sought attorney's fees by a purported Rule 59(e) motion. Because Justine's notice of appeal was filed within thirty days of the district court's denial of this motion, and not within...

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