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ALLEN v. MURPH

No. 98-3948.

194 F.3d 722 (1999)

Robert ALLEN, Cliff McNeilly, Carolyn Mack, Plaintiffs-Appellees, v. Thomas D. MURPH, Doris B. Murph, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 21, 1999.

Attorney(s) appearing for the Case

Ingolf R. Dinklage (argued and briefed), Dayton, Ohio, for Plaintiffs-Appellants.

Noel Wyandt Vaughn (argued and briefed), Dayton, Ohio, for Defendants-Appellees.

Before: KRUPANSKY, NELSON, and SILER, Circuit Judges.

DAVID A. NELSON, J., delivered the opinion of the court, in which SILER, J., joined. KRUPANSKY, J. (pp. 724-30), delivered a separate concurring opinion.

OPINION

DAVID A. NELSON, Circuit Judge.

Thomas and Doris Murph appeal an order in which the district court denied a motion for leave to file an untimely application for attorney fees. The Murphs argue that their untimeliness should be excused because they personally did all that could reasonably...

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