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MATTESON v. UNITED STATES

No. 112, Docket 24214.

240 F.2d 517 (1956)

Grace M. MATTESON, as surviving executrix of the Last Will and Testament of Edward M. Markham, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 31, 1956.

Attorney(s) appearing for the Case

Wilford A. Le Forestier, Troy, N. Y. (Draper & Bartle, Troy, N. Y., on the brief), for plaintiff-appellant.

Charles B. E. Freeman, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and Harry Baum, Attys., Dept. of Justice, Washington, D. C., and Theodore F. Bowes, U. S. Atty., N.D.N.Y., Syracuse, N. Y., on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and FRANK and LUMBARD, Circuit Judges.

CLARK, Chief Judge.

Defendant asks us to dismiss as untimely this appeal taken by the plaintiff from the dismissal of her complaint in an action for the refund of estate taxes. Plaintiff's notice of appeal was filed 113 days after the judge had filed a memorandum-decision dismissing the complaint, and 56 days after the entry of a formal judgment to like effect signed by him at defendant's request. Under F.R.C.P., rule 73(a), her appeal must be taken within 60 days...

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