Legal Opinion
Kahler-Ellis Company, Etc. v. The Ohio Turnpike Commission and the Ohio National Bank
Court of Appeals for the Sixth Circuit
Decided September 12, 1955No. 12634PublishedCited by 28 opinions
1Opinion of the Court
STEWART, Circuit Judge.
This cause came on to be heard on ap-pellee’s motion to dismiss the appeal on the ground that this court is without jurisdiction to hear the appeal because notice of appeal was not timely filed.
Judgment was entered June 2, 1955. On July 2, counsel for appellant deposited the notice of appeal in the mails. The clerk of court received the notice on July 5.
Rule 73(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A., .requires that notice be filed within thirty days of the entry of judgment. Here, only the act of depositing the notice in the mails occurred within thirty…
2Cases cited4 opinions
- Marten v. HessCourt of Appeals for the Sixth Circuit · 1949
- Casalduc v. DiazCourt of Appeals for the First Circuit · 1941
- Lejeune Et Ux. v. Midwestern Ins. Co. Of Oklahoma City, OklCourt of Appeals for the Fifth Circuit · 1952
- Robert D. Gradsky v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1954
3Cited by28 opinions
- Louis Lobato v. Pay Less Drug Stores, Inc., a Corporation Abe B. Cohen, James L. Grady, Charles Finke, and Burt RosenburgCourt of Appeals for the Tenth Circuit · 1958
- Richland Knox Mutual Insurance Company v. David Kallen, Sondra Litwin and American Policyholders Insurance Company, Sondra Litwin, Cross v. David Kallen, American Policyholders Insurance Company, Detroit Automobile Inter-Insurance Exchange and Richland Knox Mutual Insurance Company, CrossCourt of Appeals for the Sixth Circuit · 1967
- Norman Rothman v. United StatesCourt of Appeals for the Third Circuit · 1975
- United States v. Easement & Right-of-WayCourt of Appeals for the Sixth Circuit · 1967
- Commonwealth v. Niemeyer Oldsmobile, Inc.Commonwealth Court of Pennsylvania · 1974
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