Pillsbury
J. E. Haddock, Ltd. v. Pillsbury
Opinion
Lead Opinion
Denman, J.
This is an attempted appeal from the order of the district court granting a motion of appellees to dismiss appellants’ complaint in a proceeding under Longshoremen’s and Harbor Worker’s Compensation Act, 33 U.S.CiA. § 901 et seq., seeking to have the order of the commissioner annulled and its enforcement enjoined.
Appellees moved to dismiss the appeal upon the ground that the notice of appeal was not filed within time. The motion was granted and the appeal dismissed .without opinion. A petition for rehearing was filed presenting contentions which made it seem advisable to render an opinion in the final disposition of the case. Our former opinion on rehearing, filed April 25, 1946, is withdrawn.
The question of our jurisdiction is to be determined by the entry of the order or judgment finally disposing of the case in the district court. . The complaint was brought on the civil side of the court. An order dismissing the complaint was made and filed on March 15, 1945, the pertinent portion being
“ * * * The evidence he [the commissioner] heard supports his finding and it should not be disturbed, on review.
“The order of the Compensation Commissioner is sustained and the complaint…