E. E. Benoist v. Brotherhood of Locomotive Engineers

Plaintiffs appeal from the district court’s denial of their motion for an extension of time for filing their notice of appeal.

Plaintiffs’ cause of action was dismissed without prejudice on December 29, 1976. On February 1,1977, the clerk of the district court received a notice of appeal on behalf of plaintiffs. As it was received four days after the expiration of the 30 day time period allowed for filing notices of appeal, F.R.A.P. 4(a), plaintiffs’ notice of appeal was marked “lodged” rather than “filed.” Thereafter, on February 4, 1977, plaintiffs filed a motion for an extension of time for…