UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT,
v.
L.J. GARNER AND TOMMIE N. GARNER, DEFENDANTS-APPELLEES

5th Cir. | 1985-01-18
No. 83-4531
Before WISDOM, RANDALL and JOLLY, Circuit Judges.
752 F.2d 116 Court of Appeals for the Fifth Circuit (1985) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM:

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.

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