Porter v. Borden's Dairy Delivery Co., 11354.

Decision Date06 August 1946
Docket NumberNo. 11354.,11354.
PartiesPORTER, Administrator, Office of Price Administration, v. BORDEN'S DAIRY DELIVERY CO.
CourtU.S. Court of Appeals — Ninth Circuit

Herbert H. Bent, Regional Litigation Atty., OPA, of San Francisco, Cal., for appellant.

Pillsbury, Madison & Sutro, Eugene M. Prince, and Laurence H. Smith, all of San Francisco, Cal., for appellee.

Before DENMAN, BONE and ORR, Circuit Judges.


The Notice of Appeal, filed March 15, 1946, is from "the final judgment entered in this action on January 29, 1946." On January 29 findings were filed and entered. It was not until the next day, January 30, that judgment was entered. We are of the opinion that since the notice of appeal is addressed to the final judgment that the mistake of a day in the designation of the date of its entry is immaterial and that the appeal is well taken. Martin v. Clarke, 7 Cir., 105 F.2d 685, 124 A.L.R. 497; Shannon v. Retail Clerks' International P. Ass'n, 7 Cir., 128 F.2d 553; and Wilson v. Southern Ry. Co., 5 Cir., 147 F.2d 165.

We also are of the opinion that the entry of the judgment reading "Filed final decree for Deft" shows the "substance of the judgment of the Court" as required under rule 79(a) and rule 58, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The relief sought by the complaint was for damages and an injunction against defendant and the final judgment for defendant could have but one substance, i.e., the denial of any such relief.

We are also of the opinion that in the circumstances as stated by the appellant, the failure to designate the portions of the record and the statements of points and authorities relied upon do not warrant the dismissal of the appeal.

The motion to dismiss the appeal is denied.

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  • Richards v. United States
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • September 27, 1951
    ...S. Co. v. United States, 272 U.S. 533, 535, 47 S.Ct. 186, 71 L.Ed. 394; Woods v. Nicholas, 10 Cir., 163 F.2d 615; Porter v. Borden's Dairy Delivery Co., 9 Cir., 156 F.2d 798. Compare Silsby v. Foote, 20 How. 290, 295, 61 U.S. 290, 15 L.Ed. 822; Berman v. United States, 302 U.S. 211, 212, 58......
  • Yoshizaki v. Hilo Hospital
    • United States
    • Hawaii Supreme Court
    • May 1, 1967
    ...the alleged negligent diagmosis of benign tissues was such as to remain undiscovered for more than two years. 1 Porter v. Borden's Dairy Delivery Co., 156 F.2d 798 (9th Cir.); Wilson v. Southern Ry. Co., 147 F.2d 165 (5th Cir.); Shannon v. Retail Clerks, Int'l Protective Ass'n, 128 F.2d 553......
  • Weller v. Hayes Truck Lines
    • United States
    • Missouri Supreme Court
    • November 11, 1946
    ... ... 917, R.S. 1939; Peycke Bros ... Commission Co. v. Davis, 257 S.W. 824; Dalton v. St ... load on the trailer. (11) The delivery of a freight bill to ... respondent by appellant ... and in Porter v. Borden's Dairy Delivery Co., ... 156 F.2d ... ...
  • F. & M. Schaefer Brewing Co. v. United States
    • United States
    • U.S. Court of Appeals — Second Circuit
    • September 12, 1956
    ...injunction judgments were quite abbreviated; and see also In re Forstner Chain Corp., 1 Cir., 177 F.2d 572, and Porter v. Borden's Dairy Delivery Co., 9 Cir., 156 F. 2d 798, 799, as to judgments for defendants. In United States v. Cooke, 9 Cir., 215 F.2d 528, 530, relied on by appellant, th......
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