John E. Koerner Co. v. Hunter Milling Co.

Full title: JOHN E. KOERNER CO. v. HUNTER MILLING CO

Court: Circuit Court of Appeals, Tenth Circuit

Date published: May 23, 1936

83 F.2d 894 (10th Cir. 1936)

Opinion

No. 1366.

May 23, 1936.

Appeal from the District Court of the United States for the District of Kansas, Second Division; Richard J. Hopkins, Judge.

Proceeding between John E. Koerner Company and the Hunter Milling Company. From a judgment for the milling company, the former company appeals.

Appeal dismissed.

William Keith, of Wichita, Kan. (C.W. McVickers, of Wichita, Kan., on the brief), for appellant.

Glen A. Wisdom, of Kansas City, Mo., and Austin M. Cowan, of Wichita, Kan. (C.A. McCorkle, J.D. Fair, W.A. Kahrs, and R.H. Nelson, all of Wichita, Kan., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PER CURIAM.

The judgment herein was entered on the 17th day of April, 1935. The appeal was not applied for until the 26th day of July, 1935. Hence it was not applied for within the time limited by 28 U.S.C.A. § 230.

The appeal is therefore dismissed.