SONKEN-GALAMBA v. ATCHISON, T. & S. F. RY. CO.

No. 124.

36 F.Supp. 909 (1941)

SONKEN-GALAMBA et al. v. ATCHISON, T. & S. F. RY. CO. et al.

District Court, W. D. Missouri, W. D.

February 13, 1941.


Attorney(s) appearing for the Case

I. J. Ringolsky, William G. Boatright, and Harry Jacobs, of the firm of Ringolsky, Boatright & Jacobs, all of Kansas City, Mo., for plaintiffs.

R. S. Outlaw, of Chicago, Ill., and Lathrop, Crane, Reynolds, Sawyer & Mersereau, George J. Mersereau, and Dean Wood, all of Kansas City, Mo., for defendant Atchison, T. & S. F. Ry. Co.

Cooper, Neel & Sutherland, by Ellison A. Neel, of Kansas City, Mo., Carl S. Hoffman, of St. Louis, Mo., Hobert Price, of Dallas, Tex., and James T. Blair, of St. Louis, Mo., for Missouri-Kansas-Texas R. Co. and Missouri-Kansas-Texas R. Co. of Texas.

T. D. Gresham, of Dallas, Tex., for Texas & P. Ry. Co.


OTIS, District Judge.

The questions presented by this motion for instructions concern the interpretation of parts of Rule 75, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

It is provided in that rule, in paragraph (a), that, when an appeal is taken, "the appellant shall serve upon the appellee and file with the district court a designation of the portions of the record, proceedings, and evidence to be contained in the record on appeal...

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