Clemente Segundo v. United States of America

Appellees, members of the Agua Caliente Band of Mission Indians, brought an action in the United States District Court 2to compel the United States to allot them certain tribal lands. On September 30, 1954, the trial court made its findings of fact and conclusions of law and caused its judgment to be filed on the 8th day of October, 1954; and within 10 days thereafter appellees’ attorney filed their “Notice of Motion to Amend Findings and Judgment.” The motion was submitted for decision on October 25, 1954, and was ruled upon December 1, 1954.

On November 29, 1954, the 60th day after entry of judgment **but before the court had ruled on the motion, the United States filed its “Notice of Appeal”, called by the United States its “protective appeal”, from the adverse portions of the judgment of September 30, 1954. Thereafter, appellees filed in this court notice of their motion to dismiss the appeal on the ground that the notice of appeal was premature since it was filed pri- or to a ruling on the motion to amend. On December 14, 1954, after the court had ruled on the motion, the United States filed its second “Notice of Appeal”, this appeal being from certain parts of the judgment…