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WHITEMERE DEVELOPMENT CORP. v. TP. OF CHERRY HILL

No. 85-5469.

786 F.2d 185 (1986)

WHITEMERE DEVELOPMENT CORPORATION, INC. and CNH Development Corp. and Charles H. Heidler, t/a Heidler Enterprises, Debtors, CNH Construction & Development Corporation, a New Jersey Corporation and Whitemere Development Corporation, a New Jersey Corporation v. The TOWNSHIP OF CHERRY HILL, New Jersey, Anthony Saccomanno, as Director of Code Enforcement and Inspection of the Township of Cherry Hill, New Jersey, Dom's International Sales and Services, Inc., Richard E. Rohrback, as Engineer for the Township of Cherry Hill, New Jersey, j/s/a Defendants/Third Party Plaintiffs, Charles Heidler, Inc., Charles L. Heidler, Nancy E. Heidler, CNH Construction and Development Corporation, Whitemere Development Corporation and Republic Insurance Company, Appellees/Third Party Defendants. Appeal of WHITEMERE DEVELOPMENT AND CONSTRUCTION INC., and CNH Construction Development Corporation.

United States Court of Appeals, Third Circuit.

Decided March 19, 1986.

Attorney(s) appearing for the Case

Wayne Partenheimer, Morris, Brock & Partenheimer, Cherry Hill, N.J., for appellants.

Ralph J. Kmiec, Cherry Hill, N.J., for appellees/defendants.

Gloria M. Burns, Davis, Reberkenny & Abramowitz, Cherry Hill, N.J., for appellees/third party defendants.

Before WEIS and SLOVITER, Circuit Judges, and ZIEGLER, District Judge.

Submitted Pursuant To Third Circuit Rule 12(6) February 21, 1986.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we address the timeliness of a notice of appeal from an order of a bankruptcy judge. The district court determined that a motion to modify an order filed more than ten days after its entry did not extend the time for filing a notice of appeal. We agree and will affirm the dismissal.

The debtors in this case were in the...

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