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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.
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