Wagoner v. Fairview Consolidated School District No. 5

The plaintiff-appellants are here seeking an appeal from the order of the District Court dismissing their complaints.

The record discloses that the court entered its order dismissing the actions on July 20, 1960. A motion for new trial was filed more than 10 days thereafter and overruled on the same date. The Clerk of the District Court received plaintiffs’ notice of appeal on September 3, 1960, and more than 30 days from the date of the order of dismissal.

Rule 59(b), F.R.Civ.P. 28 U.S. C.A., states that “a motion for a new trial shall be served not later than 10 days after the entry of the…