SOMMERS v. TIMELY TOYS, INC.


209 F.2d 342 (1954)

SOMMERS v. TIMELY TOYS, Inc.

United States Court of Appeals Second Circuit.

Decided January 4, 1954.


Attorney(s) appearing for the Case

George Knopp, New York City, for defendant-appellant.

Hauptman & Hauptman, Brooklyn, N. Y. (Nathan Hauptman, Brooklyn, N. Y., of counsel), for plaintiff-appellee.

Before CLARK, FRANK, and HINCKS, Circuit Judges.


CLARK, Circuit Judge.

On this motion asking for a stay pending rehearing and in substance seeking rehearing and reversal of our previous dismissal of this appeal for want of timely prosecution, counsel for appellant urges that his delay in filing the record within the required time should not cause his client to lose a meritorious claim or defense and that the situation should be considered one of "merely excusable neglect" under our Rule 16(b), which supplements...

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