BIRMINGHAM FIRE INS. CO. OF PENNSYLVANIA v. KIGHT

No. 13822.

195 F.2d 178 (1952)

BIRMINGHAM FIRE INS. CO. OF PENNSYLVANIA v. KIGHT.

United States Court of Appeals Fifth Circuit.

March 10, 1952.


Attorney(s) appearing for the Case

Alston Cockrell, Jacksonville, Fla., for appellant.

Will O. Murrell, Will O. Murrell, Jr., Jacksonville, Fla., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and STRUM, Circuit Judges.


PER CURIAM.

By this motion, appellee invokes the exercise of the power of this court to dismiss the cause, under its rule 24(4) governing the filing of briefs, for default of appellant in not filing its brief within the time required under the rule. These are the facts:

(1) The record in this cause was filed on Oct. 25, 1951.

(2) Instead of filing its brief within thirty days from that date and at least fifteen...

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