H. A. Andersen Co. v. International Union of Operating Engineers, Local Union No. 701

Temporary Emergency Court of Appeals

H. A. Andersen Co. v. International Union of Operating Engineers, Local Union No. 701

537 F.2d 553

Temporary Emergency Court of Appeals·Decided July 8, 1976·No. Nos. 9-33 and 9-34·Published

Opinion

ORDER

Before CARTER, CHRISTENSEN and ESTES, Circuit Judges.

This case is controlled by prior decisions of this court, Reed v. Kroger Co. (Em.App.1973), 478 F.2d 1268, and United States v. Cooper (Em.App.1973), 482 F.2d 1393.

The motion of the plaintiffs to vacate the order of May 25,1976, allowing the defendant’s out-of-time filing of a notice of appeal in No. 9-33 is granted.

The motion of the plaintiffs to dismiss the defendant’s appeal in No. 9-33 is granted. Accordingly, the plaintiffs’ cross-appeal in No. 9-34 is also dismissed.

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ORDER

Before CARTER, CHRISTENSEN and ESTES, Circuit Judges.

This case is controlled by prior decisions of this court, Reed v. Kroger Co. (Em.App.1973), 478 F.2d 1268, and United States v. Cooper (Em.App.1973), 482 F.2d 1393.

The motion of the plaintiffs to vacate the order of May 25,1976, allowing the defendant’s out-of-time filing of a notice of appeal in No. 9-33 is granted.

The motion of the plaintiffs to dismiss the defendant’s appeal in No. 9-33 is granted. Accordingly, the plaintiffs’ cross-appeal in No. 9-34 is also dismissed.

H. A. Andersen Co. v. International Union of Operating Engineers, Local Union No. 701, 537 F.2d 553 (tecoa 1976).

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Opinion

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