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TUCKER PRODUCTS CORPORATION v. HELMS

No. 12125.

171 F.2d 126 (1948)

TUCKER PRODUCTS CORPORATION v. HELMS et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 3, 1949.

Attorney(s) appearing for the Case

Gladstein, Andersen, Resner & Sawyer and Norman Leonard, all of San Francisco, Cal., for appellant.

J. Emmet Chapman and Frederick C. Dewar, both of San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and HEALY and ORR, Circuit Judges.

PER CURIAM.

Defendants and appellees move to dismiss the appeal herein on the ground that the time to file the transcript of record in the district court for docketing the appeal expired on November 10, 1948, ninety days after the filing of the notice of appeal, and the transcript and required filing fee were not tendered the clerk of this court until December 1, 1948.

We agree that the appeal should be dismissed. The contention of plaintiff and appellant...

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