KAHLER-ELLIS COMPANY v. OHIO TURNPIKE COMMISSION

No. 12634.

225 F.2d 922 (1955)

KAHLER-ELLIS COMPANY, etc., Appellant, v. The OHIO TURNPIKE COMMISSION and the Ohio National Bank, Appellees.

United States Court of Appeals Sixth Circuit.

September 12, 1955.


Attorney(s) appearing for the Case

William Ammer, Circleville, Ohio, Edward N. Barnard, Detroit, Mich., for appellant.

Squire, Sanders & Dempsey, Cleveland, Ohio, Frank C. Dunbar, John Caren, Columbus, Ohio, for appellees.

Before STEWART, Circuit Judge.


STEWART, Circuit Judge.

This cause came on to be heard on appellee's motion to dismiss the appeal on the ground that this court is without jurisdiction to hear the appeal because notice of appeal was not timely filed.

Judgment was entered June 2, 1955. On July 2, counsel for appellant deposited the notice of appeal in the mails. The clerk of court received the notice on July 5.

Rule 73(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A., requires...

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