KENNEDY v. UNITED STATES

No. 9614.

115 F.2d 624 (1940)

KENNEDY v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

December 20, 1940.


Attorney(s) appearing for the Case

F. E. Flynn, U. S. Atty., of Phoenix, Ariz., and John P. Dougherty, Asst. U. S. Atty., of Tucson, Ariz., for petitioner on motion.

D. V. Mulhern and B. H. Gibbs, both of Phoenix, Ariz., for respondent on motion.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

The appellee's petition asks this court for its order requiring that a portion of the evidence alleged to have been received below be certified to this court and that upon receipt thereof an order be made requiring the district court to make a specified finding favorable to appellee.

The so-called petition is in reality a motion and violates our Rule 17 by failing to state its points and authorities. Appellee also makes no reply to appellant...

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