JOHN v. VACHUDA

No. 257.

128 F.2d 257 (1942)

JOHN v. VACHUDA.

Circuit Court of Appeals, Second Circuit.

May 11, 1942.


Attorney(s) appearing for the Case

Emmet L. Holbrook, of New York City, for appellant.

John P. Gering, of Elmhurst, L. I., N. Y., for appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.


PER CURIAM.

On April 15, 1942, we dismissed the appeal in the above proceeding because of failure of the appellant to file and serve a proper record within the prescribed time. The bankrupt now moves to open his default and to permit him to proceed with the appeal. He was, however, not only dilatory in serving his notice of appeal, but much more so in making up his record and having it settled. We have examined the proposed record and the opinion of the referee and...

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