HAGAN v. WHITMAN

No. 20564.

356 F.2d 742 (1966)

Evert L. HAGAN and W. Graham, Appellants, v. Joseph C. WHITMAN et al., Appellees.

United States Court of Appeals Ninth Circuit.

February 21, 1966.


Attorney(s) appearing for the Case

Evert L. Hagan, W. Graham, Jesse A. Hamilton, Los Angeles, Cal., in pro. per.

Merton L. Schwartz, Fairfield & Richman, Trope & Trope, Katz & Granof, Beverly Hills, Cal., for appellees.

Before BARNES, JERTBERG and MERRILL, Circuit Judges.


PER CURIAM.

On January 3, 1966, this court heard a motion of certain appellees (a) to affirm the judgment; or (b) to dismiss the appeal; and (c) to award a reasonable attorney's fee.

On oral argument on January 3, 1966, appellees urged that the notice of appeal had been untimely filed — i. e., more than ten days after the district court entered the judgment against appellants. Appellants revealed they had filed a motion to vacate and amend the...

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