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MUNICH v. UNITED STATES

No. 18693.

330 F.2d 774 (1964)

Anthony Joseph MUNICH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 16, 1964.

Attorney(s) appearing for the Case

S. Carter McMorris, Sacramento, Cal., for appellant.

Cecil F. Poole, U. S. Atty., Alan R. Richfield and Jerrold M. Ladar, Asst. U. S. Attys., San Francisco, Cal., for appellee.

Before HAMLEY, MERRILL and BROWNING, Circuit Judges.

HAMLEY, Circuit Judge.

In this proceeding under 28 U.S.C. § 2255 (1958), appellee has moved to dismiss the appeal on the ground that it was not taken within the time prescribed in Rule 73(a), Federal Rules of Civil Procedure, and appellant has moved to augment the record.

Motion to Dismiss Appeal

The district court, on January 9, 1963, entered a "Memorandum and Order," the last paragraph of which contains a recital to the effect that...

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