Raymond Wilson v. Shamrock Amusement Corporation

221 F.2d 687 Raymond WILSON, Mildred Wilson, Elmer Schlessinger, and Harry J. Stockman, Appellants, v. SHAMROCK AMUSEMENT CORPORATION, a corporation, Appellee, and John Costello, Trustee in Bankruptcy for Shamrock Amusement Corporation, a corporation, Appellee. No. 14710. United States Court of Appeals Ninth Circuit. April 28, 1955. Walter H. Medak, San Francisco, Cal., for appellants. McDougall & Fairfax, Darryl H. Pearson, Palo Alto, Cal., Gallagher, Ruffo & Rainville, San Jose, Cal., Shapiro & Rothschild, San Francisco, Cal., for appellees. Before DENMAN, Chief Judge, and BONE and CHAMBERS, Circuit Judges. PER CURIAM. 1 Appellees in this bankruptcy proceeding move to dismiss appellants' appeal filed 32 days after the service by mail of appellees' notice of the entry of the judgment, on the ground that it was filed more than 30 days after the entry. They contend that this is the time limit of 11 U.S.C.A. § 48 , sub. a, providing: 2 "Appeals under this title to the United States courts of appeals shall be taken within thirty days after written notice to the aggrieved party of the entry of the judgment, order or decree complained of, proof of which notice shall be…