MALLARD, Chief Justice.
Appellant and appellee stipulate that "Rule 19(d)(2) of the Rules of Practice in the Court of Appeals shall apply to this appeal." Pursuant to this rule, the stenographic transcript of the evidence was filed with the Clerk of the Court of Appeals. However, this rule also requires that "the appellant in an appendix to his brief shall set forth in succinct language with respect to those witnesses whose testimony is deemed to be pertinent to the...
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