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KELLY v. UNITED STATES

No. 7942.

90 F.2d 73 (1937)

KELLY v. UNITED STATES et al.

Circuit Court of Appeals, Ninth Circuit.

May 10, 1937.

Attorney(s) appearing for the Case

Stratton, Leader, Little & Stratton, of Seattle, Wash., and Ralph O. Olson, of Bellingham, Wash., for appellant.

James W. Morris, Asst. Atty. Gen., and Sewall Key, Clarence Dawson, and Frank J. Ready, Jr., Sp. Assts. to Atty. Gen., and J. Charles Dennis, U. S. Atty., and Gerald Shucklin, Asst. U. S. Atty., both of Seattle, Wash., for appellees.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.

MATHEWS, Circuit Judge.

This case has been heretofore twice considered by this court. As originally brought here, the record contained neither a statement of the evidence nor a statement of the case, within the requirements of Equity Rules 75(b) and 77 (226 U.S. 672, 286 U.S. 570, 28 U.S.C.A. following section 723). It contained a so-called abstract of what purported to be evidence, but this was not certified or otherwise authenticated...

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