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NEELY v. MERCHANTS TRUST CO. OF RED BANK, N. J.

No. 7282.

110 F.2d 525 (1940)

NEELY v. MERCHANTS TRUST CO. OF RED BANK, N. J., et al.

Circuit Court of Appeals, Third Circuit.

March 11, 1940.

Attorney(s) appearing for the Case

Wm. A. Schnader, of Philadelphia, Pa., and Albert G. Avery and George Gordon Battle, both of New York City, for appellant.

Wm. R. Blair, of Philadelphia, Pa., and Parsons, Labrecque & Borden, of Red Bank, N. J. (Theodore D. Parsons, of Red Bank, N. J., of counsel), for appellees.

Before MARIS and JONES, Circuit Judges.

MARIS, Circuit Judge.

The appellees, defendants below, have moved to dismiss an appeal taken by the plaintiff from a decree of the district court for the District of New Jersey dismissing his bill of complaint. 26 F.Supp. 130. They urge that the appeal was not taken within the period of three months fixed by Section 8(c) of the Act of February 13, 1925, 43 Stat. 940, 28 U.S.C.A. § 230. The transcript of the record certified...

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