GUNTHER v. E. I. DU PONT DE NEMOURS & COMPANY

No. 7652.

255 F.2d 710 (1958)

Frank GUNTHER et ux. and Ethel and Oscar Heath, Appellants, v. E. I. DU PONT DE NEMOURS & COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 23, 1958.


Attorney(s) appearing for the Case

J. William Stempil, Washington, D. C., for appellants.

James C. McKay, Washington, D. C., for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.


SOPER, Circuit Judge.

The du Pont Company, as defendant-appellee, moves the court to dismiss this appeal because plaintiffs-appellants failed to docket the record on appeal with the Clerk of this court within an extended period of 90 days from the date of filing the notice of appeal, which was fixed by the District Court under Rule 73(g) of the Federal Rules of Civil Procedure, 28 U.S.C., and Rules 9(2) and 11(1) of the Revised Rules of this court, 28 U.S.C. The judgment...

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