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UNITED STATES v. COM. OF VA.

Civ. A. No. 79-1003-R.

508 F.Supp. 187 (1981)

UNITED STATES of America v. COMMONWEALTH OF VIRGINIA.

United States District Court, E. D. Virginia, Richmond Division.

February 4, 1981.

Attorney(s) appearing for the Case

Robert W. Jaspen, Asst. U. S. Atty., Richmond, Va., for plaintiff.

Kenneth W. Thorson, Asst. Atty. Gen., Richmond, Va., for defendant.

ORDER

WARRINER, District Judge.

The United States has presented to the Court a knotty and uncomfortable problem. The Court entered judgment in this action on 31 October 1980. Counsel for the parties concur that the last day on which plaintiff could note an appeal was 30 December 1980. Plaintiff's notice of appeal was not timely filed and it now seeks a ruling of this Court under Federal Rules of Appellate Procedure 4(a)(5) that, "upon a showing of excusable...

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