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MOSIER v. FEDERAL RESERVE BANK OF NEW YORK

Nos. 29, 30.

132 F.2d 710 (1942)

MOSIER v. FEDERAL RESERVE BANK OF NEW YORK (two cases).

Circuit Court of Appeals, Second Circuit.

November 9, 1942.

Attorney(s) appearing for the Case

Hurlbert McAndrew, of Larchmont, N. Y., for appellant.

Lynch & Cahn, of White Plains, N. Y. (Monroe J. Cahn, of White Plains, N. Y., Walter S. Logan, of New York City, Harold M. Miller, of White Plains, N. Y., and John H. Wurts, of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

It is axiomatic that this court must examine its own jurisdiction even though the parties have not questioned it. Collins v. Miller, 252 U.S. 364, 366, 40 S.Ct. 347, 64 L.Ed. 616; United States v. King & Howe, Inc., 2 Cir., 78 F.2d 693, 695. In action No. 1 the decree of dismissal was entered on February 8, 1939, and no notice of appeal therefrom was filed until June 15, 1939...

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