Director of the United States Bureau of Mines v. Three Fork Coal Company, Inc., (Cassity Mine, Nos. 2, 3 and 6 Openings)

This is a motion to dismiss a notice of appeal from an order of the Federal Coal Mine Safety Board of Review entered March 4, 1955. The applicable statute provides for review upon, the filing in the United States Court of Appeals of the Circuit of a notice of appeal within thirty days of the making of such order. The notice of appeal here was not received in the office of the clerk of this court until after the expiration of the thirty day period, although deposited in the mails in ample time to have been received in the clerk’s office in ordinary course within the period. The statute,…