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SCHIAVONE-BONOMO CORPORATION v. BUFFALO BARGE TOWING CORPORATION

No. 87.

134 F.2d 1022 (1943)

SCHIAVONE-BONOMO CORPORATION v. BUFFALO BARGE TOWING CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

March 31, 1943.

Attorney(s) appearing for the Case

Leo F. Hanan, of New York City, for petitioner.

Before L. HAND, CLARK, and FRANK, Circuit Judges.

PER CURIAM.

Rule 38(3) of this court requires an appellee, if he "desires other or further relief than that granted by the decree," to file an assignment of errors within ten days after the notice of appeal has been filed. The Bouchard Company did not file such an assignment of errors and is in default. However, that is only a default in time, against which it is always possible for a court to relieve when justice demands. Rule 40 of this court also provides that...

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