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U. S. v. SCHAEFER BREWING CO.

No. 79.

356 U.S. 227 (1958)

78 S.Ct. 674

2 L.Ed.2d 721

UNITED STATES v. F. & M. SCHAEFER BREWING CO.

Supreme Court of United States.

Decided April 7, 1958.

Attorney(s) appearing for the Case

Leonard B. Sand argued the cause for the United States. With him on the briefs were Solicitor General Rankin, Acting Assistant Attorney General Stull and I. Henry Kutz. Roger Fisher was also on a brief for the United States.

Thomas C. Burke argued the cause for respondent. With him on the brief was Walter S. Orr.

MR. JUSTICE WHITTAKER delivered the opinion of the Court.

This case presents questions concerning the timeliness of an appeal by the Government from a summary judgment of a District Court to the Court of Appeals in an action for the recovery of money only. The basic question presented is which of two series of judicial and ministerial acts—one on April 14 and the other on May 24, 1955—constituted the "judgment" and "entry of the judgment." If it was...

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