NORTHWESTERN PUBLIC SERVICE CO. v. PFEIFER

No. 8651.

36 F.2d 5 (1929)

NORTHWESTERN PUBLIC SERVICE CO. v. PFEIFER.

Circuit Court of Appeals, Eighth Circuit.

December 9, 1929.


Attorney(s) appearing for the Case

Gardner & Churchill, of Huron, S. D., for appellant.

Cherry, Davenport & Braithwaite, of Sioux Falls, S. D., for appellee.

Before STONE, Circuit Judge, and MUNGER and REEVES, District Judges.


STONE, Circuit Judge.

This is a motion to dismiss an appeal from a judgment in a law action entered in the District Court for the District of South Dakota. The sole ground of the motion is that the appeal was not taken within the three months required by the statute (USCA, title 28, § 230).

The chronology of the events involved in the issues argued here is as follows: The judgment (including costs) was entered October 20, 1928. October 23, 1928, the parties...

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