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205 F.2d 113

Docket No. 13693.

Beecher v. Smithson

Ninth Circuit Court of Appeals

Decided June 12, 1953.

Ninth Circuit Court of Appeals · decided 1953-06-12

Cited by 8 later decisions — most recently September 1996

8 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1953-06-12

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¶1S. P. Beecher, in pro. per., for appellant.

¶2John J. Ripple, Spokane, Wash., for ap-pellee Smithson.

¶3Before DENMAN, Chief Judge, and ORR and POPE, Circuit judges.

¶4PER CURIAM.

¶5Appellee Smithson moves to dismiss Beecher’s appeal, notice of which was filed on December 15, 1952, on the grounds (1) that the appeal bond as security for costs on appeal required by Fed.Rules Civ.Proc. rule 73(c), 28 U.S.C.A. has not been filed; (2) although the notice of appeal was filed on December 15, 1952, the designation of the record to be printed was not made or served until April 28, 1953, thus violating Fed.R.Civ.P. rule 75(a); (3) The designation of the record made does not “distinctly and accurately refer to the pages of the original certified record” as required by Rule 19-6 of the Rules of this court, so that the clerk cannot ascertain definitely which portions of the record should be printed and the appellee cannot make a proper counter-designation.

¶6These facts constitute a proper basis for a dismissal of the appeal. Fed.R.Civ.P. rule 73(a).

¶7The appeal is ordered dismissed.

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