UNITED STATES v. STROMBERG

No. 15572.

227 F.2d 903 (1955)

UNITED STATES of America, Appellant, v. Hyman STROMBERG, Appellee.

United States Court of Appeals Fifth Circuit.

November 15, 1955.


Attorney(s) appearing for the Case

J. Edward Worton, Asst. U. S. Atty., James L. Guilmartin, U. S. Atty., Miami, Fla., for appellant.

William A. Gray, Philadelphia, Pa., Morton Rothenberg, Miami Beach, Fla., Walter Stein, Philadelphia, Pa., for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.


RIVES, Circuit Judge.

Both parties originally treated this appeal in a denaturalization proceeding as being from a final decision, and, hence, within this Court's jurisdiction. 28 U.S.C.A. § 1291. Upon oral argument, the Court suggested that, if the notice of appeal were followed literally, the appeal was from the order denying plaintiff's motion under Rules 52(b) and 59(a), Federal Rules of Civil Procedure, 28 U.S.C.A.1 The motion...

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