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BABICH v. CLOWER

No. 74-1689.

528 F.2d 293 (1975)

Fulvio BABICH et al., Appellants, v. W. Dewey CLOWER et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 22, 1975.

Attorney(s) appearing for the Case

Leslie V. Dix, for appellants.

F. Gary Davis, McLean, Va. (Davis & Chopp, McLean, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

The sole issue raised in this appeal is whether the district court erred in refusing to grant appellants' motion for an extension of time to file notice of appeal. We find that the failure of the appellants timely to file notice of appeal within the thirty-day time limit set by FRAP 4(a) was due to excusable neglect and that the extension of time should have been granted.1

Appellants (plaintiffs) brought...

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