United States v. Cia Luz Stearica
Court of Appeals for the Ninth Circuit
1Opinion of the Court
HEALY, Circuit Judge.
This case is before us on appellee’s motion to dismiss the appeal as not timely taken. The motion raises important questions concerning the validity of a rule of this court.
The cause is in admiralty. The final decree was entered November 14, 1949, and notice of appeal was filed on the 13th of February, 1950, that date being the 91st day after the entry of the decree. The 90th day fell on a Sunday. The statute, 28 U.S.C.A. § 2107, effective September 1, 1948, and as amended May 24, 1949, provides that in any action or proceeding in admiralty the notice of appeal shall be…
2Cases cited6 opinions
- Union National Bank v. LambSupreme Court of the United States · 1949
- Street v. United StatesSupreme Court of the United States · 1890
- Alaska Packers Assn. v. PillsburySupreme Court of the United States · 1937
- Sherwood Bros. v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- Wilson v. Southern Ry. Co.Court of Appeals for the Fifth Circuit · 1945
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- Pure Oil Co. v. BoyneCourt of Appeals for the Fifth Circuit · 1966
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