Carmichael v. Shelley Tractor & Equipment Co.

LEWIS KAPNER, Circuit Judge.

This case was heard on November 30, 1973 at which time the court found for defendant. A final judgment thereon was entered on December 14, 1973, and defendant's motion to tax costs and attorney’s fees was filed on that same date. On January 7, 1974 the plaintiff filed a notice of appeal and the record on appeal is docketed in the appellate court. The issue now presented is whether the filing of said notice of appeal and docketing of the record in the appellate court divests this court of jurisdiction to tax costs and attorney’s fees in the original action.

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