Barnard-Curtiss Company and the Seaboard Surety Company, Surety v. United States of America, for the Use and Benefit of D. W. Falls Construction Co.

In this proceedings under the Miller Act, 40 U.S.C.A. §§ 270a-270d, the successful party below moves for dismissal of the appeal on the grounds that, not having been filed within thirty days from the entry of the judgment, the appeal is untimely and this court is without jurisdiction to entertain it. Rule 73(a), Fed. Rules Civ.Proc. 28 U.S.C.A. provides in effect that an appeal from a district court to a court of appeals may be taken within thirty days from the entry of the judgment appealed from, except that in any action in which the United States is a party, the time as to all parties…