(Download) "United States v. Bowen" by United States Court Of Appeals Fifth Circuit. # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Bowen
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 14, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
In this action the United States sought a money judgment in the United States District Court for the Southern District of Florida, against the appellee, Robert E. Bowen. A judgment was entered dismissing the action for failure to state a claim upon which relief could be granted. This Court reversed. United States v. Bowen, 5th Cir.1961, 290 F.2d 40. A trial resulted in a judgment for Bowen. Notice of appeal was filed on May 25, 1962, by the United States. The last day for filing the record and docketing the appeal was July 5, 1962. On July 3, 1962, at the telegraphed direction of the Chief of the Appellate Section of the Department of Justice, a motion for a fifty-day extension of the time for filing the record and docketing the appeal was prepared in the office of the United States Attorney in Miami, Florida, and on that day was delivered to the law clerk of the district judge who had presided at the trial. The law clerk was told that the order must be entered on or before July 5th and he assured the Assistant District Attorney that the matter would be brought to the judges attention for timely consideration. July 5th came and went, and the Assistant District Attorney assumed that the order had been entered but made no inquiry. On July 6th the judge signed an order denying the extension of time.