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WAGONER v. FAIRVIEW CONSOLIDATED SCHOOL DISTRICT NO. 5

No. 6580.

289 F.2d 480 (1961)

Fred K. WAGONER, Jack R. Wagoner, Donald L. Wagoner and Howard R. Wagoner, co-partners doing business under the firm name and style of Wagoner Construction Company, Appellants, v. FAIRVIEW CONSOLIDATED SCHOOL DISTRICT NO. 5, George Sawhill, Charles Williams, 1st Doe and 2nd Doe, Appellees.

United States Court of Appeals Tenth Circuit.

April 18, 1961.

Attorney(s) appearing for the Case

Isaac Willson, Denver, Colo. (Otis Babcock, Santa Ana, Cal., on brief), for appellants.

Roger E. Stevens and William A. Trine, Boulder, Colo. (Charles E. Williams, Boulder, Colo., on brief), for appellees.

Before MURRAH, Chief Judge, PICKETT, Circuit Judge, and SAVAGE, District Judge.

PER CURIAM.

The plaintiff-appellants are here seeking an appeal from the order of the District Court dismissing their complaints.

The record discloses that the court entered its order dismissing the actions on July 20, 1960. A motion for new trial was filed more than 10 days thereafter and overruled on the same date. The Clerk of the District Court received plaintiffs' notice of appeal on September 3, 1960, and more than 30 days from the date of the order...

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