McCrone v. United States

(dissenting),

I dissent.

jn tbe jnstant case, the majority opinion bojds tbat tbe appead should be dismissed because appellant did not comply with 28 u.S.C.A. § 230, which provides that no »appeal intended to bring any judgment or decree before a circuit court of appeals for rev¡ew shall be allowed unless application therefor be duly made within three months after the entry of such judgment or decree”. That statute is treated as being in existence and as the controlling rule,

prior t0 our hearing of the cause, there became effective the Federal Rules of Civil Procedure, which provide in rule…