Justine Realty Company v. American National Can Company

BEAM, Circuit Judge.

Before us is a motion to dismiss Justine Realty Company’s appeal from the district court’s judgment in favor of American National Can Company. American Can argues, in essence, that Justine improperly sought attorney’s fees by a purported Rule 59(e) motion. Because Justine’s notice of appeal was filed within thirty days of the district court’s denial of this motion, and not within thirty days of the judgment, American Can argues that Justine’s notice of appeal was not filed within the time required by Fed.R.App.P. 4(a) and that we lack jurisdiction. We disagree and deny the…