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MONTFORT v. ARCHER

477 S.W.2d 143 (1970)

Wallace A. MONTFORT et al., Appellants, v. Maurice W. ARCHER et al., Appellees.

Court of Appeals of Kentucky.

December 18, 1970.

Attorney(s) appearing for the Case

Bill V. Seiller, Ewen, MacKenzie & Peden, Louisville, for appellants.

John G. Carroll, Frank E. Haddad, Jr., Ralph G. Stone, Mark Davis, Louisville, for appellees.

DAVIS, Commissioner.

The appellees made timely motion in this court to dismiss the appeal on the ground that the appellants had failed to file a designation of record in the circuit court within ten days after filing the notice of appeal, as required by CR 75.01. Appellees relied on Timmons v. Allen, Ky., 449 S.W.2d 27.

On June 24, 1970, the court ordered the appeal dismissed. Upon reconsideration, pursuant to seasonable...

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