Jung v. K. & D. Mining Co.,
356 U.S. 335 (1958)

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U.S. Supreme Court

Jung v. K. & D. Mining Co., 356 U.S. 335 (1958)

Jung v. K. & D. Mining Co.

No. 619

Decided April 28, 1958

356 U.S. 335


On May 10, 1955, the Federal District Court dismissed petitioners' first amended complaint in this case and granted petitioners 20 days from that date to file an amended complaint. On May 27, 1955, the Court overruled petitioners' motion to vacate that order, but granted petitioners leave to file an amended complaint within 20 days from that date. Petitioners did not file an amended complaint, but, on March 25, 1957, filed a paper electing to stand on their first amended complaint. On the same day, the Court dismissed the cause of action. On April 16, 1957, petitioners filed notice of appeal "from final judgment entered in this action on March 25, 1957." The Court of Appeals held that the District Court's order of May 27, 1955, became its final judgment when petitioners failed to file an amended complaint within the 20 days allowed thereby, and it dismissed the appeal as untimely.

Held: the final judgment in the case was the District Court's order of March 25, 1957, dismissing the cause of action, and the appeal was timely under Rule 73(a) of the Federal Rules of Civil Procedure. Pp. 356 U. S. 335-338.

246 F.2d 281 reversed, and cause remanded.

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