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Mangan v. United States

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


Decided: March 18, 1993.

JAMES A. MANGAN, PLAINTIFF-APPELLANT,
v.
THE UNITED STATES, DEFENDANT-APPELLEE.

Before Archer, Circuit Judge, Friedman, Senior Circuit Judge, and Michel, Circuit Judge.

Michel

ON MOTION

MICHEL, Circuit Judge.

Order

The United States moves to dismiss the appeal of James A. Mangan because it was untimely. Mangan has not filed a response.

On November 30, 1992, the Court of Federal Claims issued a final judgment in Mangan's case. Sixty-three days later, on February 1, 1993, Mangan filed a notice of appeal.

Pursuant to Fed. R. App. P. 4(a)(1), Mangan was required to file a notice of appeal within 60 days of final judgment. The 60-day period is "mandatory and jurisdictional." Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 61, 74 L. Ed. 2d 225, 103 S. Ct. 400 (1982).

Accordingly,

IT IS ORDERED THAT:

The United States' motion to dismiss is granted.

FOR THE COURT

Paul R. Michel, Circuit Judge

18 Mar 93

Date

ISSUED AS A MANDATE: MAR 22 1993

Disposition

The United States' motion to dismiss is granted.

19930318

© 1998 VersusLaw Inc.



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