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UNITED STATES v. JONES COAL COMPANY

No. 15517.

325 F.2d 877 (1963)

UNITED STATES of America, for the Use and Benefit of AIR COMFORT, INC., Plaintiff and Cross-Defendant Appellee, v. JONES COAL COMPANY, Defendant and Cross-Plaintiff Appellant.

United States Court of Appeals Sixth Circuit.

December 20, 1963.

Attorney(s) appearing for the Case

Sizer Chambliss, Chattanooga, Tenn., for defendant & cross-plaintiff appellant.

Richard P. Jahn, Swafford, Jahn & Taylor, Chattanooga, Tenn., for plaintiff & cross-defendant appellee.

Before CECIL and PHILLIPS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

Appellee has filed a motion, supported by affidavits, to dismiss the above appeal on the ground that no proper transcript of the evidence has been included in the record on appeal, and that the questions raised by appellant in its brief cannot be resolved without such a transcript. In the alternative, appellee also moved that the case be remanded to the District Court for preparation of a proper transcript, at the expense of appellant...

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