¶1*894Ed Dupree, Gen. Counsel, O. H. E., A. M. Edwards, Jr., Acting Asst. Gen. Counsel, William A. Moran, Sp. Lit. Atty., O. H. E., Washington, D. C., for appellant.
¶2Carroll, Davis & Freidenrich, San Francisco, Cal., for appellee.
¶3Before MATHEWS and BONE, Circuit Judges, and MATHES, District Judge.
¶5This appeal is' from a judgment entered on April 1, 1949, in an action by appellee, Tighe E. Woods, Housing Expediter, against appellants, Gerald Colvin, Rose Bories, Arthur Sandford and Genevieve Sandford.
¶6The judgment was filed with the clerk of the District Court on April 1, 1949. Thereupon, on, April 1, 1949, the judgment was noted in the civil docket of the District Court as provided by Rule 79(a) of the Federal Rules of Civil Procedure.1 That notation constituted the entry of the judgment. See Rule 58 of the Federal Rules of Civil Procedure; 28 U.S.C.A.2
¶7On or after April 4, 1949, the following notation was made on the judgment: “Entered in civil docket April 4, 1949.” That notation is disregarded; for, as indicated above, the judgment was, in fact, entered on April 1, 1949.
¶8Appellee being an officer of the United States, the time for filing a notice of appeal from the judgment was 60 days from its entry. See 28 U.S.C.A. § 2107.3 The time was not extended.4 Consequently it expired on May 31, 1949 — 60 days from April 1, 1949. Appellants filed their notice of appeal on June 1, 1949 — one day too late.
¶9Appeal dismissed.