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ULTIMATE APPLIANCE CC v. KIRBY CO.

No. 09-3297.

601 F.3d 414 (2010)

ULTIMATE APPLIANCE CC, Plaintiff-Appellant, v. The KIRBY COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 1, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Joel Levin, Aparesh Paul, Levin & Associates Co., L.P.A., Cleveland, Ohio, for Appellant. Marvin L. Karp, Ulmer & Berne LLP, Cleveland, Ohio, for Appellees.

Before COLE, GILMAN, and WHITE, Circuit Judges.

OPINION

COLE, Circuit Judge.

The plaintiff-appellant, Ultimate Appliance CC ("the plaintiff"), filed suit against the defendants-appellees, The Kirby Company and The Scott Fetzer Company ("the defendants"), on January 4, 2007. The district court granted the defendants' motion to dismiss on September 30, 2008. Under Federal Rule of Appellate Procedure 4 ("Rule 4"), a notice of appeal must be filed "within 30 days after the judgment or order appealed from...

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