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JANUS v. UNITED STATES

No. 5910.

38 F.2d 431 (1930)

JANUS, Superintendent of Indian Agency, et al. v. UNITED STATES ex rel. HUMPHREY.

Circuit Court of Appeals, Ninth Circuit.

February 17, 1930.

Attorney(s) appearing for the Case

Hoyt E. Ray, U. S. Atty., and Sam S. Griffin, and William H. Langroise, Asst. U. S. Attys., all of Boise, Idaho, for appellants Janus and Jensen.

O. M. Fox and H. R. Turner, both of Pocatello, Idaho, and John Ralph Wilson, of San Francisco, Cal., for appellant Maryland Casualty Co.

Roy L. Black, W. H. Anderson, and W. H. Witty, all of Pocatello, Idaho, for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

The appellee moves to dismiss the appeal in this case upon the ground that it was taken too late. The judgment was entered herein, October 25, 1928, during the October term of the District Court. Said term of court was adjourned without day on October 30, 1928, appellants filed petition for new trial November 3, 1928. No specific order was made by the court, before adjourning, extending the time beyond said term for appellant to file a motion...

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