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MONDAKOTA GAS CO. v. MONTANA-DAKOTA UTILITIES CO.

No. 13242.

194 F.2d 705 (1952)

MONDAKOTA GAS CO. v. MONTANA-DAKOTA UTILITIES CO.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 2, 1952.

Attorney(s) appearing for the Case

Leif Erickson, Helena, Mont., Guthrie, Darling & Shattuck and Milo V. Olson, all of Los Angeles, Cal., for appellant.

Arthur F. Lamey, Billings, Mont., John C. Benson, Armin M. Johnson, Minneapolis, Minn. (Coleman, Jameson & Lamey, Billings, Mont., Faegre & Benson, Minneapolis, Minn., of counsel), for appellee.

Before STEPHENS, HEALY and ORR, Circuit Judges.

PER CURIAM.

A motion to dismiss the appeal is before us.

Formal judgment was signed and entered in the docket of the District Court on November 8, 1951.

Notice of entry of the formal judgment was mailed to counsel for appellant on November 8, 1951.

On December 3, 1951 a notice of appeal from the formal judgment of November 8, 1951 was received by the Clerk of the District Court but was not accompanied by the filing fee of $5.00; hence, the...

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