SANBORN, District Judge.
Judgment was entered on April 2, 1930. A motion for a new trial was denied on June 25, 1930. Costs in this court were taxed on July 23, 1930, at $142, and became a part of the judgment of April 2d. On September 29, 1930, the defendant appealed from the judgment, referring to it as a judgment entered July 23, 1930 — being under the impression that no judgment was entered until costs were taxed. The plaintiff, however, did not dismiss...
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