Interstate Folding Box Co. v. Empire Box Corporation

EVANS, Circuit Judge.

For want of a properly prepared and properly certified statement of the evidence, the decree must be affirmed. Not only has appellant violated Rule 9 of this court (Barber Asphalt Paving Company v. Standard Asphalt & Rubber Company, 275 U. S. 372, 48 S. Ct. 183, 72 L. Ed. 318), but it-has failed to secure any approval or certification of the evidence as being all of the evidence received on the trial or necessary to present the case to this court on the merits.

We have, however, acted on the assumption that all of the evidence is in the record and have overlooked…