TUTTLE, Circuit Judge.
This is an appeal by the plaintiff from a judgment following a jury's verdict for the defendant in an action under the Federal Employers' Liability Act, 45 U. S.C.A. §§ 51-60, for damages for personal injuries allegedly caused by the negligence of his alleged employer, the railroad defendant.
Before we can consider the merits of the appeal we must pass upon appellee's motion to dismiss for failure to file timely notice of appeal...
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