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DUDLEY EX REL. PATTON v. PENN-AMERICA

Docket No. 01-9215.

313 F.3d 662 (2002)

Vincent M. DUDLEY, as Executor of the Estate of Robert J. Patton, and Rose Marie Patton, Plaintiffs-Appellees, v. PENN-AMERICA INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 5, 2002.

Attorney(s) appearing for the Case

Robert A. Crawford, Knoer & Crawford, Buffalo, NY, for Plaintiffs-Appellees.

Christopher F. Smith, Fixler & Associates, Elmsford, NY, for Defendant-Appellee.

Before: POOLER and SOTOMAYOR, Circuit Judges, and KAPLAN, District Judge.

POOLER, Judge.

Plaintiffs-Appellees Vincent M. Dudley, et al. ("Dudley") moved to dismiss as untimely the appeal of defendant-appellant Penn-America Insurance Co. ("Penn-America"). As is sometimes the case, the procedural background of this case in the district court somewhat complicates the simple and straightforward answer to Dudley's motion. Our path to the simple solution also is obscured by Dudley's citation to our decision in Hodge v. Hodge,

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