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COHEN v. PLATEAU NATURAL GAS COMPANY

No. 6713.

303 F.2d 273 (1962)

William I. COHEN, Appellant, v. PLATEAU NATURAL GAS COMPANY, Drillers Gas Company, Paul Kitch and Vulcan Materials Company, Appellees.

United States Court of Appeals Tenth Circuit.

May 1, 1962.

Attorney(s) appearing for the Case

David M. Palley, New York City, for appellant.

Richard F. Mullins, Wichita, Kan., for appellee, Plateau Natural Gas Co. and Drillers Gas Co.

Frank H. McFadden, Birmingham, Ala., for appellee, Vulcan Materials Co.

Before MURRAH, Chief Judge, and LEWIS and BREITENSTEIN, Circuit Judges.

PER CURIAM.

This is an appeal from a summary judgment entered against Appellant in his stockholders' derivative action against Appellees.

Upon the filing of the notice of appeal, Appellees moved for dismissal on the ground that the notice was untimely. We denied the motion without prejudice to renewal at time of argument on the merits.

The summary judgment was entered on January 11, 1961. The record shows that a copy of the journal entry of judgment...

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