Mitchell v. White Consolidated, Inc.

LINDLEY, Circuit Judge.

Plaintiffs’ several suits to recover damages for personal injuries were consolidated in the District Court. Defendant moved to dismiss the consolidated amended complaint for failure to state claims upon which relief could be granted. The court sustained the motion and entered judgment dismissing the complaint on March 15, 1948. Under Federal Rules of Civil Procedure, amended Rule 73(a), 28 U.S.C.A., an appeal could properly have been taken only within 30 days thereafter. However, for some reason not clarified by the record, plaintiffs perfected their appeal some 86 days…