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THOMAS DAY CO. v. DOBLE LABORATORIES

No. 6050.

41 F.2d 51 (1930)

THOMAS DAY CO. v. DOBLE LABORATORIES.

Circuit Court of Appeals, Ninth Circuit.

June 2, 1930.

Attorney(s) appearing for the Case

Miller & Boyken and John H. Miller, all of San Francisco, Cal., for appellant.

Lyon & Lyon and Henry S. Richmond, all of Los Angeles, Cal., for appellee.

Before DIETRICH and WILBUR, Circuit Judges, and KERRIGAN, District Judge.

DIETRICH, Circuit Judge.

Appeal herein was sued out October 25, 1929, from a final decree "entered" May 27 or 28, 1929, and appellee moves dismissal thereof upon the ground that it was not taken within the statutory period (28 USCA § 230). Proper disposition of the motion turns on the effect to be given to a petition for rehearing filed by appellant and the proceedings had in relation thereto. By appellee the general rule is conceded to be that a petition for...

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