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GOOCH v. SKELLY OIL COMPANY

Nos. 73-1095 through 73-1097.

493 F.2d 366 (1974)

Theodore R. GOOCH et al., Plaintiffs-Appellants, v. SKELLY OIL COMPANY, a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 25, 1974.

Rehearing Denied June 5, 1974.

Attorney(s) appearing for the Case

Robert T. Cornwell, Wichita, Kan. (Bernard E. Nordling, Leland E. Nordling, Hugoton, Kan., Dale M. Stucky and Richard I. Stephenson, Wichita, Kan., on the brief), for plaintiffs-appellants.

Gerald Sawatzky, Wichita, Kan. (Elmer W. Adams, Sam Riggs, Jr., Paul D. Fielding, Jr., Sam C. Oliver, Tulsa, Okl., and of counsel, Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., on the brief), for defendants-appellees.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

The first matter to be resolved is whether we have jurisdiction to hear these consolidated appeals on their merits. We conclude that we do not, and the appeals must therefor be dismissed.

The appellees filed in this court a motion to dismiss based on the alleged failure of the appellants to file a timely notice of appeal in the trial court. We denied this motion without prejudice to the right of the appellees to renew the motion...

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