MEMORANDUM AND ORDER
HUGH GIBSON, District Judge.
BEFORE THE COURT are defendants' motion, pursuant to rule 59, Fed.R.Civ.P., to amend judgment for remittitur or for new trial, and plaintiff's opposition thereto. Plaintiff has filed notice of appeal in this matter. As defendant's motion was filed within the period prescribed by rule 59, plaintiff's appeal is untimely. Rule 4(a)(4), Fed.R.App.P. The Court is therefore proceeding with the consideration and...
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