MARTEN v. HESS

No. 10914.

176 F.2d 834 (1949)

MARTEN v. HESS et al.

United States Court of Appeals Sixth Circuit.

June 6, 1949.


Attorney(s) appearing for the Case

Brady, Whitehead, O'Connor & Simmons, Toledo, Ohio, for appellant.

Welles, Kelsey, Fuller, Cobourn & Harrington, Toledo, Ohio, for appellees.

Before HICKS, Chief Judge and MARTIN and McALLISTER, Circuit Judges.


PER CURIAM.

The above cause came on to be heard on appellees' motion to dismiss the appeal on the ground that this court is without jurisdiction to hear the appeal inasmuch as notice of appeal was not filed within the time prescribed by the Federal Rules of Civil Procedure, 28 U.S.C.A.

It appears that judgment was entered December 1, 1948. On December 19, 1948, appellant filed a motion for a new trial, which was denied January 11, 1949. On February 23, 1949...

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