- 2 - June 1994, and the Court filed its opinion on May 2, 1996. The Court entered decisions (the decisions) with respect to both docket Nos. at issue in these cases on September 24, 1996. On that date, counsel of record for docket No. 37669-85 was Robert L. Manley (Mr. Manley), and counsel of record for docket No. 38099-85 was James P. Self (Mr. Self). The Clerk of the Court served the decision in docket No. 37669-85 on Mr. Manley. Similarly, he served the decision in docket No. 38099-85 on Mr. Self. Neither party filed a timely notice of appeal with respect to either decision. On February 18, 1997, petitioners appealed the decisions to the Court of Appeals for the Ninth Circuit. The Commissioner thereafter filed a motion to dismiss petitioners' appeal for lack of jurisdiction, contending that the appeal was not timely. On April 24, 1997, the Court of Appeals granted the Commissioner's motion to dismiss for lack of jurisdiction. On May 19, 1997, for the purpose of creating a second period of appellate review for each decision, petitioners filed the two motions now before the Court.1 Petitioners maintain that they failed to appeal the decisions during the prescribed appeal period because they did not learn that the decisions had been entered until February 10, 1997, 49 days after the appeal period 1Petitioners also lodged their motions to vacate the decisions at issue in this case.Page: Previous 1 2 3 4 5 6 7 Next
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