Glen Graves v. General Insurance Corporation

WILBUR K. MILLER, Senior Circuit Judge:

In this suit filed by Glen Graves on a fire insurance policy, the United States District Court for the District of New Mexico on July 15, 1966, awarded summary judgment to the defendant insurance company. Graves’ counsel, on July 20, 1966, mailed to the clerk of the District Court at Albuquerque a notice of appeal from that action. The Clerk received the notice on July 21, but did not mark it “Filed” because it seemed to him to be defective.

The notice was correctly captioned, showing the name of the District Court and the style of this case as it…