[Not for Publication]
United States Court of Appeals
For the First Circuit
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No. 97-1932
MARY V. PRATT,
Plaintiff, Appellant,
v.
KELLEY C. PHILBROOK,
Defendant, Appellee.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Michael A. Ponsor, U.S. District Judge] ___________________
____________________
Before
Stahl, Circuit Judge. _____________
Campbell, Senior Circuit Judge, ____________________
and Lynch, Circuit Judge. _____________
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William F. Scannell, Jr. with whom Edward W. McIntyre was on __________________________ ___________________
brief for appellant.
Paul G. Pino with whom Clark, Balboni & Gildea was on brief for ____________ _______________________
appellee.
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February 11, 1998
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Per curiam. In this appeal, plaintiff-appellant Per curiam. ___________
Mary V. Pratt asserts that the district court acted outside
its discretion in concluding that her failure to comply with
the terms of its sixty-day Settlement Order of Dismissal was
not a result of "excusable neglect." See generally Pioneer ___ _________ _______
Inv. Servs. Co. v. Brunswick Assocs. Ltd., 507 U.S. 380 _________________ _______________________
(1993) (explaining the concept of "excusable neglect").
Having carefully reviewed the court's determinations -- as
set forth in its comprehensive opinion -- in the light of
plaintiff's appellate arguments, we perceive no abuse of
discretion. The court's factual findings are well supported
and its mixed fact/law determinations are unassailable.
Affirmed. Costs to appellee. Affirmed. Costs to appellee. _________
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