Citation Codes Equivalent Citations citation codes Docket Number No. 78-3272. Attorney(S) Raymond H. Uhrig, Huntsville, , for plaintiff- Elarbee, Clark Paul, Charles K. Howard, Jr., Robert H. Buckler, Atlanta, Ga., Watts, Salmon, Roberts, Manning Noojin, Louis Salmon, Huntsville, , for defendant- Judges Irving Loeb Goldberg See more information ... Smart Summary Please sign up to generate summary. ROBERT C. NEWSON, PLAINTIFF-APPELLANT, v. FIRST ALABAMA BANK OF HUNTSVILLE, N. A., DEFENDANT-APPELLEE. ON PETITION FOR REHEARING PER CURIAM: We dismissed the appeal in this case because we thought it was not filed within the time period proscribed by rule 4(a) of the Federal Rules of Appellate Procedure. As appellant points out, we failed to note that September 4, 1978, the day on which the filing period would have ended, was a legal holiday. When this happens, the party receives an additional day in which to file. See Fed.R.Civ.P. 6(a). Appellant filed on September 5, 1978. Thus, his appeal was timely filed. Accordingly, we grant the petition for rehearing and reinstate the appeal. ORDER DISMISSING APPEAL VACATED and APPEAL REINSTATED.