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PINCAY v. ANDREWS

No. 02-56577.

389 F.3d 853 (2004)

Laffit PINCAY, Jr.; Christopher J. McCarron, Plaintiffs-Appellants, v. Vincent S. ANDREWS; Robert Andrews; Vincent Andrews Management Corp., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 15, 2004.

Attorney(s) appearing for the Case

Neil Papiano and Patrick McAdam, Iverson, Yoakum, Papiano & Hatch, Los Angeles, CA, for plaintiffs-appellants.

David Boies and Robert Silver, Boies, Schiller & Flexner, LLP, Armonk, NY, for defendants-appellees.

Before SCHROEDER, Chief Judge, KOZINSKI, RYMER, KLEINFELD, THOMAS, SILVERMAN, McKEOWN, GOULD, BERZON, RAWLINSON, and CALLAHAN, Circuit Judges.

Argued and Submitted En Banc June 24, 2004.

SCHROEDER, Chief Judge.

This appeal represents a lawyer's nightmare. A sophisticated law firm, with what it thought was a sophisticated system to determine and calendar filing deadlines, missed a critical one: the 30-day time period in which to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(1)(A). The rule, however, provides for a grace period of 30 days within which a lawyer in such a fix...

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