TREANOR, Circuit Judge.
This is an appeal by the defendant from an adverse judgment in a suit by the plaintiff based upon a policy of insurance.
Plaintiff-appellee has directed our attention to the defendant's failure to file with the Clerk of the District Court a statement of the points of error to be relied upon in this court. Appellee asks for a dismissal of the appeal in reliance upon Rule 9 of this court which provides that "No appeal shall be considered...
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