FERGUSON v. PRUDENTIAL INSURANCE COMPANY

No. 18172.

399 F.2d 47 (1968)

Samuel R. FERGUSON, Plaintiff-Appellee, v. The PRUDENTIAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

July 24, 1968.


Attorney(s) appearing for the Case

F. Thomas Green, of Pickrel, Schaeffer & Ebeling, Dayton, Ohio, for appellant.

William H. Selva of Curtner, Selva, Parkin, Seller & Barnhart, Dayton, Ohio, for appellee.

Before McCREE and COMBS, Circuit Judges, and CECIL, Senior Circuit Judge.


CECIL, Senior Circuit Judge.

This is an appeal by Prudential Insurance Company of America, defendant-appellant, from a judgment for $60,000 plus interest in favor of Samuel R. Ferguson, plaintiff-appellee. The action was brought in the United States District Court for the Southern District of Ohio, Western Division, and tried before the court without a jury.

A motion to dismiss the appeal for the reason that the notice of appeal was not timely filed was made...

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