PENWELL v. NEWLAND

No. 12271.

180 F.2d 551 (1950)

PENWELL et al. v. NEWLAND et al.

United States Court of Appeals Ninth Circuit.

February 21, 1950.


Attorney(s) appearing for the Case

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, George D. Webster, Francis W. Sams and L. W. Post, Washington, D. C., John B. Tansil, U. S. Atty., Billings, Mont., Harlow Pease, Asst. U. S. Atty., Butte, Mont., and Emmett C. Angland, Asst. U. S. Atty., Great Falls, Mont., for appellants.

T. J. Davis and L. C. Myers, Butte, Montana, for appellees.

Before DENMAN, Chief Judge, BONE, Circuit Judge, and McCORMICK, District Judge.


DENMAN, Chief Judge.

In this case appellees' first act after receipt of a purported notice of appeal was to claim in their reply brief that this court is without jurisdiction to entertain it. At the same time, they filed a motion to dismiss the appeal. Petitioners filed an opposition citing two irrelevant cases not mentioned in the petition for rehearing. They also moved to substitute in the notice of appeal the names of the petitioners for that of the dead collector...

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