United States v. Bowen, 19862.
Decision Date | 03 August 1962 |
Docket Number | No. 19862.,19862. |
Citation | 306 F.2d 620 |
Parties | UNITED STATES of America, Appellant, v. Robert E. BOWEN, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Morton Hollander and David L. Rose, Atty., Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Miami, Fla., for appellant.
No appearance for appellee.
Before CAMERON, JONES and BELL, Circuit Judges.
The United States of America filed its notice of appeal in this cause on May 25, 1962, a few days before the expiration of the sixty-day appeal period. The time for docketing the case and filing the record with the Clerk of this Court, as extended by the District Judge, expired on July 5, 1962. A motion for a further extension was submitted to and denied by the District Judge.
On July 14, 1962, the United States Attorney filed with the Clerk of this Court a motion requesting an extension of time of fifty days from July 5, 1962. To show cause for the extension requested the motion recites that "the Solicitor General of the United States has not as yet determined whether or not an appeal in this cause should be prosecuted, among the reasons therefor being that it was necessary for the appellant to take some 34 oral depositions and 2 written interrogatories in this cause, many of which were taken in Europe; that the evidence obtained thereby could not be presented at the final hearing in this cause on March 21, 1962; that all evidence is presently in the possession of the appellant and is being evaluated by the Solicitor General of the United States."
The Rules of this Court provide:
There was no application to this Court or to a judge of this Court before the time had expired. The assembled Court might, in the exercise of its discretion, waive the rule and permit the cause to be docketed. Cowden v. Addis, 5th Cir. 1932, 55 F.2d 230. No reason is assigned for not making application to this Court for an extension until after the time had expired. No reasons were assigned for the delay in the evaluation of the documents mentioned. It is not shown why the...
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United States v. Bowen
...by the Solicitor General of the United States." The motion was denied and the appeal was dismissed on August 3, 1962. United States v. Bowen, 5th Cir., 1962, 306 F.2d 620. The United States then filed its motion for rehearing and reconsideration of the August 3rd order, for reinstatement of......