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UNITED STATES v. NEW NATIONAL COAL & MINING CO.

No. 5188.

72 F.2d 168 (1934)

UNITED STATES v. NEW NATIONAL COAL & MINING CO.

Circuit Court of Appeals, Seventh Circuit.

July 12, 1934.

Attorney(s) appearing for the Case

Paul F. Jones, of Danville, Ill., and J. Fred Gilster, of East St. Louis, Ill., for the United States.

Chase Morsey, of St. Louis, Mo., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

ALSCHULER, Circuit Judge.

Appellee moves to dismiss the appeal because of appellant's alleged noncompliance with title 28, § 230, U. S. C. (28 USCA § 230), providing that no appeal shall be allowed unless application therefor be duly made within three months after the entry of the judgment or decree, and for noncompliance with rule X of this court, which provides: "1. No appeal shall be allowed until appellant has filed with the clerk of the District Court...

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