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ARENA COMPANY v. MINNEAPOLIS GAS COMPANY

Nos. 15418, 15419.

227 F.2d 665 (1955)

The ARENA COMPANY, a Minnesota corporation, and Hardware Mutual Insurance Company of Minnesota, a Minnesota corporation, Appellants, v. MINNEAPOLIS GAS COMPANY, a Delaware corporation, Appellee. A. A. BENNETT, Inc., a Minnesota corporation, Northwestern Fire & Marine Insurance Company, a Minnesota corporation, Badger Mutual Insurance Company, a Wisconsin corporation, Underwriters Insurance Company, an Illinois corporation, and General Insurance Company of America, a Washington corporation, Appellants, v. MINNEAPOLIS GAS COMPANY, a Delaware corporation, Appellee.

United States Court of Appeals Eighth Circuit.

December 13, 1955.

Attorney(s) appearing for the Case

Chester L. Nichols, George C. Mastor and Nichols, Mullin, Farnand & Lee, Minneapolis, Minn., filed brief for appellee.

G. Aaron Youngquist, E. A. Danforth, F. W. Thomas, Youngquist, Furber, Comaford, Danforth & Clarkson, and Dorsey, Colman, Barker, Scott & Barber, Minneapolis, Minn., filed brief for appellants.

Before GARDNER, Chief Judge, and SANBORN, Circuit Judge.

PER CURIAM.

The appellee has moved to dismiss these appeals upon the ground that they were taken out of time. Notices of appeal were filed on July 26, 1955, from "final judgment entered * * * on July 1, 1955." The appellee asserts (1) that the decision or judgment, review of which is sought, actually became final and appealable on January 12, 1955, when the District Court determined, by findings, conclusions and order for judgment, that the defendant (appellee) was...

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