DAULTON v. SOUTHERN PACIFIC COMPANY

No. 14924.

228 F.2d 103 (1955)

Mary Edith DAULTON, Administratrix of the Estate of Donald LeRoy Daulton, deceased, Appellant, v. SOUTHERN PACIFIC COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

November 28, 1955.


Attorney(s) appearing for the Case

D. W. Brobst, Oakland, Cal., for appellants.

Koerner, Young, McColloch & Dezendorf, John Gordon Gearin, Portland, Or., for appellee.

Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges.


PER CURIAM.

Appellee moves to dismiss the appeal, notice for which was filed on October 24, 1955, on the ground that the judgment was entered on August 4, 1955, and that the time for appeal expired on September 7, 1955. It contends that a motion for a new trial made on August 16, 1955, was made more than the ten days permitted by Fed.Rules Civ.Proc. Rule 59 (b), 28 U.S.C.A., and hence the district court had no jurisdiction to consider it, and its consideration on...

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