United States v. Gallagher

MATHEWS, Circuit Judge.

This was a suit by appellees, J. H. Gallagher, J. Ira McNutt and Earl L. McNutt, against appellant, the United States. Appellees obtained judgment, appellant appealed, and appellees have moved to dismiss the appeal.

The motion is on four grounds. Ground 1 is that the appeal was not properly taken. The appeal was taken by filing a notice of appeal as provided in Rule 73(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. 1 Appellees say that this was a suit under the Tucker Act, 2 and that therefore a valid appeal could not be taken by filing a…