LEJEUNE v. MIDWESTERN INS. CO. OF OKLAHOMA CITY, OKL.

No. 14071.

197 F.2d 149 (1952)

LEJEUNE et ux. v. MIDWESTERN INS. CO. OF OKLAHOMA CITY, OKL.

United States Court of Appeals Fifth Circuit.

June 5, 1952.


Attorney(s) appearing for the Case

J. Minos Simon, Lafayette, La., for appellants.

J. J. Davidson, Jr., Lafayette, La., for appellee.

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


PER CURIAM.

Calling to our attention the fact that a summary judgment was entered against plaintiff on January 23, 1952, while the notice of appeal was not filed until February 25, 1952, more than thirty days thereafter, appellee, defendant below, moves to dismiss the appeal for want of jurisdiction. Rule 73(a) and (b), Federal Rules of Civil Procedure, 28 U.S.C.A.

Appellants concede that the facts are as stated in appellee's motion and that, under rule 6...

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