Lejeune Et Ux. v. Midwestern Ins. Co. Of Oklahoma City, Okl

Calling to our attention the fact that a summary judgment was entered against plaintiff on January 23, 1952, while the notice of appeal was not filed until February 25, 1952, more than thirty days thereafter, appellee, defendant below, moves to dismiss the appeal for want of jurisdiction. Rule 73(a) and (b), Federal Rules of Civil Procedure, 28 U.S.C.A.

Appellants concede that the facts are as stated in appellee’s motion and that, under rule 6 of the Federal Rules of Civil Procedure, the last day on which the plaintiffs could have given their notice of intention to appeal fell on February 23,…