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Rule 3(c) of the Federal Rules of Appellate Procedure requires that the notice of appeal specify the party taking the appeal, and while the last sentence of Rule 3(c) states that 'an appeal shall not be dismissed for informality of form or title of the notice of appeal,' the omissionof the appellant's name cannot be viewed in that light.


Appeals have been dismissed for failure to name the appellant in the notice of appeal, and this is the appropriate course where the appellee might be misled by the omission. In G.E. Smith & Associates, Inc. v. Otis Elevator Co., 608 F.2d 126 (5th Cir. 1979) (per curiam), for example, there were two plaintiffs, they had separate claims, both plaintiffs lost in the district court, only one was named in the notice of appeal, 'and no other notice of any kind was ever given that [the other] intended to appeal,' id. at 127. Bunch v. Bullard, 795 F.2d 384, 399 (5th Cir. 1986), is even more extreme: two of fourteen plaintiffs were omitted not only from the notice of appeal but also from the brief in the court of appeals! Probably it should not have been considered ...

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