Silverton v. Valley Transit Cement Company

237 F.2d 143 Beaumont SILVERTON, individually and as a member, representative and Secretary of Teamsters Local Union No. 898, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and the American Federation of Labor, Appellant, v. VALLEY TRANSIT CEMENT COMPANY, Inc., a corporation, Appellee. No. 15055. United States Court of Appeals Ninth Circuit. Sept. 17, 1956. John A. Stevenson, Lionel Richman, Los Angeles, Cal., for appellants. Horton & Knox, James H. Carter, El Centro, Cal., for appellee. Before DENMAN, Chief Judge, HASTIE, Circuit Judge, and TOLIN, District judge. DENMAN, Chief Judge. 1 This is a motion by appellee to dismiss an appeal from a judgment of the United States District Court for the Southern District of California, Southern Division, for failure to file notice of appeal within thirty days following the entry of the judgment on December 19, 1955. The motion was submitted on the transcript of the record and the affidavits filed on behalf of each party. 2 The question is whether any of the clerks in the office of the clerk of the court below acquired custody on or before January 18, 1956 of a notice of…