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COLLARD v. U.S.

No. 92-4089.

10 F.3d 718 (1993)

Roland COLLARD, Plaintiff-Appellant, and Mark Oakes, Bruce Oakes, Russell Parks, and Dale Larson, Plaintiffs, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 23, 1993.

Attorney(s) appearing for the Case

Anthony M. Thurber, Salt Lake City, UT, for plaintiff-appellant.

Steven M. Talson, Trial Atty., Civ. Div., Dept. of Justice, Washington, DC (Stuart M. Gerson, Asst. Atty. Gen., J. Patrick Glynn, Director, Torts Branch, Civ. Div., Dept. of Justice, and Stephen J. Sorenson, Asst. U.S. Atty., Salt Lake City, UT, with him on the brief), for defendant-appellee.

Before BALDOCK, HOLLOWAY and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Plaintiff-appellant Collard appeals the district court's Fed.R.Civ.P. 41(b) dismissal for failure to prosecute and its denial of a new trial and amended judgment, Fed.R.Civ.P. 59. Plaintiff argues that the trial court abused its discretion in granting the motion to dismiss because Plaintiff failed to personally appear at trial. Because we conclude that the notice of appeal was not timely, we...

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