Unpublished Dispositionin Re a & a Energy Properties, Ltd. a Michigan Corporation, Debtor.lawrence M. Elkus, Plaintiff-appellee, v. a & a Energy Properties, Ltd., a Michigan Corporation,defendant-appellant, 863 F.2d 883 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 863 F.2d 883 (6th Cir. 1988) Dec. 1, 1988

Before KEITH and KRUPANSKY, Circuit Judges, and CONTIE, Senior Circuit Judge.


The plaintiff appeals the order affirming the Bankruptcy Court's order allowing final fees and expenses. On September 19, 1988, this Court entered an order directing the plaintiff to show cause within twenty-one (21) days why this appeal should not be dismissed for lack of appellate jurisdiction. The plaintiff has not responded.

For purposes of 28 U.S.C. § 1291, the final judgment was entered on May 25, 1988. The notice of appeal was filed on June 28, 1988, four days (4) late. Rules 4(a) and 26, Fed. R. App. P. The record does not reflect that the plaintiff either sought or received an extension of time in which to appeal. Accordingly,

It is ORDERED that the show cause order entered September 19, 1988, is hereby discharged and this appeal is dismissed for lack of appellate jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.