This appeal having been heard upon the record, briefs and argument of counsel for the respective parties;

And it appearing that a default judgment against the defendant-appellant was entered on February 11, 1952; that appellant’s motion to set it aside, filed on February 19, 1952 was overruled on May 12, 1952; that appellant’s motion for rehearing was filed on June 27, 1952 which was not within the time provided by Rule 59, Rules of Civil Procedure, 28 U.S.C.A.; and that appellant’s notice of appeal was not filed until August 5, 1952 which was not within the time provided by Rule 73(a), Rules of Civil Procedure; Marten v. Hess, 6 Cir., 176 F.2d 834;

It is ordered that the appeal be dismissed.