UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
March 11, 1991
OSCAR H. MATUTE, APPELLANT
PROCOAST NAVIGATION LTD., MARITIME SERVICES G.M.B.H., APPELLEES
Cowen, Alito, and Rosenn, Circuit Judge.
Order SUR PETITION FOR PANEL REHEARING
Appellant has filed a petition for reconsideration of this court's opinion dated January 31, 1991, dismissing his appeal for failure to timely his brief and appendix. The petition for rehearing is supported by information which the appellant has furnished the court for the fist time demonstrating that the failure of appellant's counsel to timely file his brief and appendix was due to excusable neglect.
Accordingly, the judgment of the court dismissing the appeal for failure to comply with Federal Rules of Appellate Procedure pertaining to the timely filing of briefs and appendices is vacated as well as the taxation of cost against the attorney for appellant and the direction to send a copy of the opinion to the plaintiff. The case will be submitted to the panel for reconsideration without oral argument and on the briefs and appendices heretofore filed.
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