Cedar Creek Oil & Gas Co. v. Fidelity Gas Co.

CHAMBERS, Circuit Judge.

We have here the old, old question of when is a judgment a judgment. As usual, there is a variation in the facts from the last case or any other case on the subject.

If the defendants (appellees now) who prevailed in the trial court obtained the judgment on June 13, 1956, the plaintiffs’ (appellants’) notice of appeal filed July 27, 1956, came too late and this court is without jurisdiction to entertain the appeal because more than 30 days *299had elapsed between judgment and notice of appeal. Rule 73, Federal Rules of Civil Procedure, 28 U.S.C.A. But if appellants are…