discussed Cited "see" Setala v. J.C. Penney Co. (2×) See Da'Ville v. Wise, 470 F.2d 1364, 1365 (5th Cir.) (refusing to hold notice untimely when the court *893 clerk's practices of forwarding notices on to a larger clerk's office, but "[n]o record is kept of the papers received and forwarded[,]" created a strong possibility that the notice was not stamped when received), cert. denied, 414 U.S. 818 , 94 S.Ct. 170 , 38 L.Ed.2d 50 (1973); see also United States v. Smith, 545 F.2d 874, 875-76 (3d Cir.1976) (remanding for a determination of whether a notice of appeal was timely, because although the notice was filed five days after the time for appea…

discussed Cited "see, e.g." Jerry Lewis Myers v. Linwood v. Stephenson Attorney General of the State of North Carolina, Rufus L. Edmisten (2×) See, e.g., Da’Ville v. Wise, 470 F.2d 1364 , 1365 (5th Cir.) (on facts similar to instant case, court held appellee failed to show notice of appeal untimely and reached merits), ce rt. denied, 414 U.S. 818 , 94 S.Ct. 170 , 38 L.Ed.2d 50 (1973).