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NORTH UMBERLAND MINING CO. v. STANDARD ACC. INS. CO.

No. 12950.

193 F.2d 951 (1952)

NORTH UMBERLAND MINING CO. v. STANDARD ACC. INS. CO.

United States Court of Appeals Ninth Circuit.

January 22, 1952.

Attorney(s) appearing for the Case

Donald Armstrong, Torrance, Cal., for appellant.

Bauder, Gilbert, Thompson & Kelly, Jean Wunderlich, Los Angeles, Cal., for appellee.

Before STEPHENS, HEALY, and BONE, Circuit Judges.

HEALY, Circuit Judge.

We are confronted on this appeal with an apparently novel question concerning our jurisdiction to entertain it.

The judgment attempted to be appealed from was entered January 25, 1951. No appeal was taken within the 30-day period prescribed by Fed.Rules Civ.Proc. rule 73(a), 28 U.S.C.A. On March 20, 1951, counsel for the losing party filed and presented to the district court an affidavit in which he stated that through inadvertence he...

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