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U.S. Court of Appeals for the Fifth Circuit, 1973

Commodore Foster Bebout v. Dr. George J. Beto, Director, Texas Department of Corrections

Commodore Foster Bebout v. Dr. George J. Beto, Director, Texas Department of Corrections
U.S. Court of Appeals for the Fifth Circuit · Decided January 23, 1973 · Bell, Dyer, Clark
472 F.2d 339 (Federal Reporter, Second Series)

Counsel

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.

Commodore Foster Bebout v. Dr. George J. Beto, Director, Texas Department of Corrections

Cases that cite this one

1 later published case cites this decision.

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Opinion

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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