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752 F.2d 116
5th Cir.
1985
PER CURIAM:

Supplementing our earlier opinion in United States v. Garner, 749 F.2d 281 (5th Cir.1985), we note sua sponte that the district court, 567 F.Supp. 313, may wish to consider, in addition to the alternative already suggested in our earlier opinion, reentering the interlocutory order and thus triggering a new ten-day period for the government to pursue an appeal under 28 U.S.C. § 1292(b). See Aucoin v. Matador Services, Inc., 749 F.2d 1180 (5th Cir.1985); Aparicio v. Swan Lake, 643 F.2d 1109 (5th Cir.1981). In the event that an appeal is so perfected, see § 1292(b); Fed.R.App.P. 5, there will be no necessity for further briefing, and the appeal will be referred to this panel for disposition.

Case Details

Case Name: United States v. L.J. Garner and Tommie N. Garner
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Jan 18, 1985
Citations: 752 F.2d 116; 1985 U.S. App. LEXIS 28389; 83-4531
Docket Number: 83-4531
Court Abbreviation: 5th Cir.
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