BARNARD-CURTISS COMPANY v. UNITED STATES

No. 5741.

252 F.2d 94 (1958)

BARNARD-CURTISS COMPANY and The Seaboard Surety Company, Surety, Appellants, v. UNITED STATES of America, for the use and benefit of D. W. FALLS CONSTRUCTION CO., and Ace Construction Co., Appellees.

United States Court of Appeals Tenth Circuit.

January 22, 1958.


Attorney(s) appearing for the Case

T. B. Keleher, Albuquerque, N. M., for appellants.

James Tilly, Denver, Colo., for appellees.

Before HUXMAN, MURRAH and BREITENSTEIN, Circuit Judges.


PER CURIAM.

In this proceedings under the Miller Act, 40 U.S.C.A. §§ 270a-270d, the successful party below moves for dismissal of the appeal on the grounds that, not having been filed within thirty days from the entry of the judgment, the appeal is untimely and this court is without jurisdiction to entertain it. Rule 73(a), Fed. Rules Civ.Proc. 28 U.S.C.A. provides in effect that an appeal from a district court to a court of appeals may be taken within thirty...

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