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CRUMP v. HILL

No. 9053.

104 F.2d 36 (1939)

CRUMP v. HILL.

Circuit Court of Appeals, Fifth Circuit.

May 24, 1939.

Attorney(s) appearing for the Case

W. W. Venable, of Clarksdale, Miss., and Robert N. Somerville, of Cleveland, Miss., for appellant.

F. H. Montgomery, of Clarksdale, Miss., and J. C. Roberts, of Cleveland, Miss., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

What is in question here is whether though no notice of appeal was actually filed in time, the filing with the Clerk before the appeal time had run of waiver of service of notice of and entry of an appearance to an appeal, together with a designation of the record on appeal by both appellant and appellee, perfected, and gave this Court jurisdiction of, the appeal. Appellee, urging that an actual filing...

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