WALKER, Circuit Judge.
Motion is made to dismiss the appeal in this case on the grounds that there was a failure to comply with the requirements of equity rule 75 (226 U.S. 671, 33 S. Ct. xl) as to filing with the clerk of the court of proof or acknowledgment of service on the appellee or his solicitor of a copy of the præcipe, indicating the portions of the record to be incorporated into the transcript on this appeal, and as to the statement of the evidence...
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