798 F2d 470

798 F.2d 470

MILLWRIGHTS, CONVEYORS AND MACHINERY ERECTORS LOCAL 2209, Plaintiff,
Central Rigging and Contracting Corporation, Defendant and
Third Party Plaintiff-Appellant,
v.
Marion J. CROCKETT, Joan M. Kaelin, Douglas Howard, Larry
Meriwether, Terry Schroerlucke, Michael Wilson and
Robert Watrous, Third Party Defendants-Appellees.

No. 86-5339.

United States Court of Appeals, Sixth Circuit.

June 10, 1986.

Before KEITH, KRUPANSKY and GUY, Circuit Judges.

ORDER

1

On January 9, 1986, the district court entered an order granting the appellee Union's motion for judgment on the pleadings and enforcing an arbitration award of backpay to a wrongfully discharged Union member, Pursuant to Rule 59(e), Federal Rules of civil Procedure, appellant Central Rigging and Contracting Corporation timely filed and served a motion to alter or amend the judgment of January 9, 1986. On February 21, 1986, appellant moved for and was granted an extension of time to file a notice of appeal. The notice of appeal was filed on March 4, 1986.

2

The motion to alter or amend the judgment tolled the time for filing the notice of appeal. Rule 4(a)(4), Federal Rules of Appellate Procedure. The notice of appeal was filed march 24, 986, before the disposition of the motion to alter or amend. A notice of appeal filed before the disposition of a Rule 59(e) motion has no effect. Rule 4(a)(4), Federal Rules of Appellate Procedure. A new notice of appeal must be filed within the prescribed time measured from the entry of the order disposing of the time-tolling motion. Id. Griggs v. Provident Consumer Discount Co., 459 U.S. 56 (1982). This conclusion is not changed by the entry of the order granting the appellants an extension of time in which to file the notice of appeal because the time-tolling motion was pending when the extension was sought and granted. Once there is entry of an order disposing of the Rule 59 motion, appellant may file a new notice of appeal.

3

It is therefore ORDERED that this appeal be dismissed as prematurely filed.

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