Court of Appeals for the Sixth Circuit March 21, 1960, 13939_1 (George D. Schlink v. Chesapeake & Ohio Railway Co.)

PER CURIAM.

Appellee has moved for dismissal of the appeal. Final judgment was entered in the District Court on February 13, 1959. Appellant’s motion for a new trial was filed on February 25, 1959 and was overruled on May 12, 1959. Notice of appeal was not filed until June 8, 1959. The motion for a new trial was not timely filed. Rule 59 (b), Federal Rules of Civil Procedure, 28 U.S.C.A.