UNITED STATES v. CIA LUZ STEARICA

No. 12510.

181 F.2d 695 (1950)

UNITED STATES v. CIA LUZ STEARICA.

United States Court of Appeals Ninth Circuit.

April 24, 1950.


Attorney(s) appearing for the Case

J. Charles Dennis, U. S. Attorney, Bogle, Bogle & Gates, Claude E. Wakefield and M. Bayard Crutcher, Seattle, Wash., for appellant.

Lane Summers, Charles B. Howard, Seattle, Wash., for appellee.

Before HEALY, BONE, and POPE, Circuit Judges.


HEALY, Circuit Judge.

This case is before us on appellee's motion to dismiss the appeal as not timely taken. The motion raises important questions concerning the validity of a rule of this court.

The cause is in admiralty. The final decree was entered November 14, 1949, and notice of appeal was filed on the 13th of February, 1950, that date being the 91st day after the entry of the decree. The 90th day fell on a Sunday. The statute, 28 U.S.C.A. § 2107...

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