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IN RE PLANKINTON BLDG. CO.

No. 8199.

133 F.2d 900 (1943)

In re PLANKINTON BLDG. CO. HARVEY et al. v. FIRST MORTGAGE BONDHOLDERS' PROTECTIVE COMMITTEE et al.

Circuit Court of Appeals, Seventh Circuit.

February 27, 1943.

Attorney(s) appearing for the Case

E. C. Pommerening, and Harvey C. Hartwig, both of Milwaukee, Wis., for appellants.

E. H. Hallows, of Milwaukee, Wis., Thomas B. Hart, Ben S. Warren, Jr., and Arthur E. Boroughf, all of Chicago, Ill., for appellees.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

On January 11, 1943, the appellee Plankinton Building Company filed a "short record" according to rule 75(j) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, and moved to dismiss the appeal, on the ground that notice of the designation of record was not served "promptly" and that the record was not filed within the time allowed by Rule 73(g).

Appellants are preferred stockholders of the appellee corporation...

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