MALONEY v. HAMMOND

No. 12073.

171 F.2d 225 (1948)

MALONEY, Collector of Internal Revenue, v. HAMMOND.

United States Court of Appeals Ninth Circuit.

As Amended December 13, 1948.


Attorney(s) appearing for the Case

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack and James P. Garland, Sp. Assts. to Atty. Gen., and Henry L. Hess, U. S. Atty., of Portland, Or., for appellant.

Robt. T. Jacob and S. J. Bischoff, both of Portland, Or., for appellee.

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


DENMAN, Chief Judge.

Appellee moves to dismiss this appeal duly taken on June 14, 1948, on the ground that appellant failed to file the transcript for docketing here within the time provided by Federal Rules of Civil Procedure, rule 73(g), 28 U.S.C.A., providing:

"Docketing and Record on Appeal. The record on appeal as provided for in Rules 75 and 76 shall be filed with the appellate court and the appeal there docketed within 40 days from the date of filing...

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