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REZZONICO v. H & R BLOCK, INC.

Docket No. 98-7060.

182 F.3d 144 (1999)

John REZZONICO and Jacquelyn Rezzonico, Defendant-Plaintiff-Counterclaim-Defendant-Appellant, v. H & R BLOCK, INC. and H & R Block Eastern Tax Services, Inc., Defendant-Counterclaim-Plaintiff-Appellee, HRB Royalty, Inc., Add as party from consolidated case, Plaintiff.

United States Court of Appeals, Second Circuit.

Decided June 29, 1999.

Attorney(s) appearing for the Case

Norman A. Olch, New York, New York, for Appellants.

Peter J. Klarfeld, Wiley, Rein & Fielding, Washington, D.C., for Appellees.

Before: KEARSE, CARDAMONE, and POOLER, Circuit Judges.

CARDAMONE, Circuit Judge:

We must decide two preliminary questions that will determine whether we reach the merits of this appeal: first, whether we may properly reconsider a decision of a motions panel denying defendant's motion to dismiss the appeal for lack of appellate jurisdiction; second, whether upon reconsidering the subject of our jurisdiction we must dismiss this appeal as untimely. We answer both of these questions in the affirmative. Also before us is...

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