group of former Frontier employees who were represented by a signatory union but who had not executed separate waivers, filed a motion for partial summary judgment on the Frontier motion to strike. Frontier also moved for summary judgment, seeking to strike all "non-surviving" employee claims as defined in the JPA, regardless of whether the employee had signed a separate waiver of claims.
On September 28, 1988, the Bankruptcy Court entered its opinion and order on the cross motions for summary judgment (the September 28 Order), ruling to strike the claims of the employees, including the Winkel Group, who had signed waivers under the JPA, but denying the motion to strike as to employees who had not signed waivers. By an administrative oversight, however, the clerk entered no separate judgmentuntil November 30, 1988. On October 11, 1988, the Winkel Group filed its notice of appeal with this court, and it revised the notice of appeal on October 13. The group then filed its designation of record on November 21, 1988.
On October 13, 1988, Frontier filed a motion to alter or amend the September 28 Order. On or about October 17, 1988, counsel for the Winkel Group contacted the bankruptcy court clerk's office to inquire whether the Winkel Group would have to file a new notice of appeal as a result of Frontier's motion to alter or amend. Counsel was erroneously advised that no new notice of appeal would be necessary. On October 28, 1988, the bankruptcy court denied Frontier's motion to alter or amend. On October 31