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GIRARD FIRE & MARINE INS. CO. v. COMMONWEALTH BUILDING & LOAN ASS'N.

No. 5443.

32 F.2d 736 (1929)

GIRARD FIRE & MARINE INS. CO. v. COMMONWEALTH BUILDING & LOAN ASS'N.

Circuit Court of Appeals, Fifth Circuit.

May 10, 1929.

Attorney(s) appearing for the Case

E. G. Senter, of Dallas, Tex., for appellant.

Dexter Hamilton, of Dallas, Tex. (Cockrell, McBride, O'Donnell & Hamilton, of Dallas, Tex., on the brief), for appellee.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

Appellee has moved to dismiss the appeal in this case upon the ground that it was not taken within the time allowed by law.

The record shows that a directed verdict for the plaintiff was entered on January 11, 1928, and that two days later a motion for a new trial was filed, which was overruled on March 19, 1928. Defendant filed its notice of appeal on July 12, 1928. In its petition for appeal presented to this court, filed August...

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