Britton v. Burlington Northern, Inc.

Respondent has moved to dismiss this appeal on the ground that this Court lacks jurisdiction thereof because appellant did not file its notice of appeal within the time permitted by Rule 5, M.R.App.Civ.P.

Respondent John R. Britton filed an action for damages against appellant Burlington Northern, Inc. in the District Court of Lincoln County, Montana. On May 25, 1979, the jury returned a verdict of $140,000 in favor of respondent. On May 31 judgment was entered thereon. On June 1 the Clerk of the District Court mailed notice of entry of this judgment to counsel for both parties.

On June 6…