Opinion
No. 13.
January 5, 1960.
Appeal from the District Court for the District of Alaska, Third Division.
John E. Manders, Anchorage, for appellant.
Moody Yates, Anchorage, for appellees.
Before DIMOND and HODGE, JJ.
Appellant, the Hanover Fire Insurance Company of New York, has filed a notice of appeal to this court from a judgment entered by the District Court for the District of Alaska, Third Division, on the 5th day of December, 1958, in favor of the appellee City National Bank of Anchorage, and against the appellant. The appellee bank has moved to dismiss the appeal upon the grounds, among others, that this court has no jurisdiction over such appeal and that a previous appeal to the U.S. Court of Appeals for the Ninth Circuit, which had jurisdiction over the matter, was dismissed by said court for failure to perfect the appeal. No opposition to the motion has been filed.
This court has jurisdiction of appeals from the present U.S. District Court for the District of Alaska only as to final judgments rendered in said court after January 3, 1959. Subsection (4), Sec. 32, Ch. 50, SLA 1959, as amended by Ch. 151, SLA 1959. Parker v. McCarrey, 9 Cir., 268 F.2d 907, 908. Final judgment in this cause having been rendered prior to said date, over which the Circuit Court of Appeals for the Ninth Circuit had jurisdiction, this court has no jurisdiction to entertain such appeal. The motion to dismiss will therefore be granted.
NESBETT, C.J., took no part in the consideration of this matter.