Commodore Foster Bebout, Petitioner-appellant, v. Dr. George J. Beto, Director, Texas Department Ofcorrections, Respondent-appellee, 472 F.2d 339 (5th Cir. 1973)

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US Court of Appeals for the Fifth Circuit - 472 F.2d 339 (5th Cir. 1973) Jan. 23, 1973

Donald L. Kraemer, Huntsville, Tex., for petitioner-appellant.

Crawford Martin, Atty. Gen., Robert Darden, Asst. Atty. Gen., E. Bruce Curry, Asst. U. S. Atty., Austin, Tex., for respondent-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:


This case comes to this court on an appeal from the denial of a motion for rehearing which motion was filed over four years after entry of the judgment of dismissal on which rehearing was sought.

The motion for rehearing was not timely filed; hence the time for filing notice of appeal was not extended. Thus a timely notice of appeal is lacking and the appeal must be dismissed for want of jurisdiction. See Albers v. Gant, 5 Cir., 1970, 435 F.2d 146.

Dismissed.

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Rule 18, 5 Cir., see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409