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KUPER v. BETZER

No. 12099.

127 F.2d 84 (1942)

KUPER v. BETZER.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 29, 1942.

Attorney(s) appearing for the Case

T. R. Johnson, of Sioux Falls, S. D., for appellant.

Holton Davenport, of Sioux Falls, S. D. (Ellsworth E. Evans, of Sioux Falls, S. D., on the brief), for appellee.

Before THOMAS and JOHNSEN, Circuit Judges, and REEVES, District Judge.

REEVES, District Judge.

The first question for decision in this case is whether the appellant has substantially complied with the rules of this court. Rule 75 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, and particularly paragraph (d) thereof, requires: "If the appellant does not designate for inclusion the complete record and all the proceedings and evidence in the action, he shall serve with his designation a concise statement of the points...

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