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BEHR v. MINE SAFETY APPLIANCES COMPANY

No. 11878.

233 F.2d 371 (1956)

Anne Livingston BEHR, Appellant, v. MINE SAFETY APPLIANCES COMPANY, a corporation of the State of Pennsylvania, Carbon Monoxide Eliminator Corporation, a corporation of the State of Delaware; Catalyst Research Corporation, a corporation of the State of Maryland; George H. Deike; William P. Yant; John F. Beggy; John T. Ryan, Jr.; W. Denning Stewart; Potter Bank & Trust Co., Executor of the Estate of Howard Zacharias, Deceased; and John T. Ryan, Jr., and John F. Beggy, Administrators of the Estate of John T. Ryan, Deceased; and Joseph H. Hirshhorn.

United States Court of Appeals Third Circuit.

Decided May 18, 1956.

Rehearing Denied June 19, 1956.

Attorney(s) appearing for the Case

Paul Ginsburg, Pittsburgh, Pa., for appellant.

Sherman T. Rock, Pittsburgh, Pa., for Joseph H. Hirshhorn.

Paul E. Hutchinson, Pittsburgh, Pa., for all appellees except Hirshhorn.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

From a judgment of dismissal entered by the trial judge in the Western District of Pennsylvania the plaintiff appeals. The defendants now move to dismiss the appeal on the ground that it was not timely taken, that the timeliness of the appeal is jurisdictional and that the Court has no power therefore to proceed further in the case. Fed.Rules Civ.Proc. rule 73(a), 28 U.S.C.; Raughley v. Pennsylvania...

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