Brahms v. Moore-McCormack Lines, Inc.

DIMOCK, District Judge.

Plaintiff moves pursuant to Rule 73 (a), F.R.C.P., for an order extending the time to take an appeal in this case 30 days from July 30, 1955. Rule 73(a) provides that an appeal from a district court to a court of appeals shall be taken “30 days from the entry of the judgment appealed from * * * except that upon a showing of excusable neglect based on a failure of a party to learn of the entry of the judgment the district court in any action may extend the time for appeal not exceeding 30 days from the expiration of the original time herein prescribed.”

Judgment was…