LONG v. EMERY

No. 9208.

383 F.2d 392 (1967)

George W. LONG, d/b/a George W. Long Painting & Decorating Company, Appellant, v. George B. EMERY, Jr., Charles B. Bennett, Cecil D. Hunter, T. E. Lundberg, Robert E. McKee General Contractor, Inc., a Corp., General Insurance Company of America, Robert Eugene Peterson, Painters Union Local 854, Appellees.

United States Court of Appeals Tenth Circuit.

September 18, 1967.


Attorney(s) appearing for the Case

John A. Biersmith, Kansas City, Mo. (of Rafter, Biersmith & Walsh, Kansas City, Mo.), for appellant.

Kay McFarland, Topeka, Kan. (Jack A. Quinlan and George A. Scott, Topeka, Kan., were with him on brief), for appellees.

Before MURRAH, Chief Judge, and HICKEY and BROWN, Circuit Judges.


MURRAH, Chief Judge.

The decisive question here is whether the trial court properly overruled plaintiff Long's motion under Rule 73(a), F.R.Civ.P., for an extension of time in which to appeal. If so the appeal must, of course, fail.

The pertinent facts are that after trial and filing of findings of fact and conclusions of law, judgment was entered and journal entry was filed on March 2, 1966. Timely motions to amend and modify the judgment were filed and considered...

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