United States v. Bertone

Third Circuit Court of Appeals

Argued Aug. 12, 1957.

Decided Aug. 12, 1957.

Third Circuit Court of Appeals · decided 1957-08-12

Cited by 1 later decisions — most recently December 1957

1 federal appellate ·

2 counsel of record

Relies on Borders v. Rippy

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1957-08-12

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¶1Horace S. King, Union City, N. J., for appellant.

¶2Albert P. Trapasso, Asst. U. S. Atty., Newark, N. J., for appellee.

¶3Before BIGGS, Chief Judge, ' and GOODRICH and KALODNER, Circuit Judges.

¶4PER CURIAM.

¶5It appears from an examination of the record that the appellant in this ease has appealed from a request made by the court below that an order dismissing the appellant’s motions for a new trial and in arrest of judgment be submitted to him for signature. An order as requested was submitted to the court and was entered on August 9, 1957. It appears, therefore, that there is no appealable order to which the present appeal is directed within the purview of Section 1291, Title 28, U.S.C. If an appeal is to be taken to this court it must be from the order of August 9,1957.

¶6Accordingly, the motion of the United States to dismiss the appeal will be granted.