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REYNOLDS v. WAGNER

No. 93-56629.

55 F.3d 1426 (1995)

Grant REYNOLDS, and the Estate of Dale C. Eckert Corporation, Plaintiffs-Appellants, v. Philip B. WAGNER; William Simon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 26, 1995.

Attorney(s) appearing for the Case

William McKinnon, Sausalito, CA, for plaintiffs-appellants.

Stuart K. Lesansky, Lesansky & Assoc., Los Angeles, CA, for defendant-appellee Wagner.

Stephen T. Hodge, Wehner and Perlman, Los Angeles, CA, for defendant-appellee Simon.

Before: NOONAN, O'SCANNLAIN, and LEAVY, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

What constitutes "excusable neglect" when the appellant fails to file a notice of appeal on time? We must interpret what the Supreme Court did not say in a recent case.

I

In 1982, the Dale C. Eckert Corporation ("Eckert"), a general contractor, entered into a construction contract with Orange Tree Associates, a developer. Pursuant to that contract, Eckert was to construct...

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