William I. Cohen v. Plateau Natural Gas Company, Drillers Gas Company, Paul Kitch and Vulcanmaterials Company

This is an appeal from a summary judgment entered against Appellant in his stockholders’ derivative action against Appellees.

Upon the filing of the notice of appeal, Appellees moved for dismissal on the ground that the notice was untimely. We denied the motion without prejudice to renewal at time of argument on the merits.

The summary judgment was entered on January 11, 1961. The record shows that a copy of the journal entry of judgment was received by Appellant’s local counsel of record in Wichita, Kansas forthwith, and the records of the District Court Clerk show that notice and copies of…