Dang Nam v. Bryan

WILBUR, Circuit Judge.

After the decision in this case (C. C. A.) 74 F.(2d) 379, the appellee calls our attention, by way of petition for rehearing, to our lack of jurisdiction of appeal based upon our decision in Bryan v. Fumio Arai (C. C. A.) 64 F.(2d) 954, holding that the time fixed by rule of the District Court in Hawaii controlled the time and method of appeal; that this rule required the petition for appeal to be filed within ten days of the decision; and that the record in the case at bar showed that this appeal is taken after that time. In the petition for rehearing the appellee moved…