Cedar Creek Oil And Gas Company v. Fidelity Gas Company

238 F.2d 298 CEDAR CREEK OIL AND GAS COMPANY, a corporation; International Trust Company, a corporation; H. C. Smith; Susan M. Wight; and W. B. Haney, Appellants, v. FIDELITY GAS COMPANY, a corporation; Montana-Dakota Utilities, a corporation; and Shell Oil Company, a corporation, Appellees. No. 15293. United States Court of Appeals Ninth Circuit. Oct. 22, 1956. Leif Erickson, J. R. Richards, Helena, Mont., for appellant. Coleman, Jameson & Lamey, Billings, Mont., Faegre & Benson, R. L. Nordby, Armin Johnson, Minneapolis, Minn., Raymond Hildebrand, Glendive, Mont., Howard M. Gullickson and Charles N. Wagner, Denver, Colo., for appellees. Before POPE, CHAMBERS and HAMLEY, Circuit Judges. CHAMBERS, Circuit Judge. 1 We have here the old, old question of when is a judgment a judgment. As usual, there is a variation in the facts from the last case or any other case on the subject. 2 If the defendants (appellees now) who prevailed in the trial court obtained the judgment on June 13, 1956, the plaintiffs' (appellants') notice of appeal filed July 27, 1956, came too late and this court is without jurisdiction to entertain the appeal because more than 30 days had elapsed between…