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SALMON v. CITY OF STUART

No. 13644.

194 F.2d 1004 (1952)

SALMON et al. v. CITY OF STUART, FLA., et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 10, 1952.

Attorney(s) appearing for the Case

Carroll Dunscombe, Stuart, Fla., for appellants.

T. T. Oughterson, Stuart, Fla., for appellees.

Before HUTCHESON, Chief Judge, and BORAH and STRUM, Circuit Judges.

PER CURIAM.

The appeal is from an order, dated October 11, 1950, dismissing the cause, under Rule 41(b), Federal Rules of Civil Procedure, 28 U.S.C.A. for want of prosecution, and an order dated February 26, 1951, denying her petition to vacate the order and reinstate the cause.

Confronted by a motion to dismiss the appeal because not timely taken, in that the order of dismissal was entered on October 11, 1950, and the notice of appeal was filed March 15,...

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