Kennedy v. United States

DENMAN, Circuit Judge.

The appellee’s petition asks this court for its order requiring that a portion of the evidence alleged to have been received below be certified to this court and that upon receipt thereof an order be made requiring the district court to'ipiake a specified finding favorable to appellee.

The so-called petition is in reality a motion and violates our Rule 17 by failing to state its points and authorities. Appellee also makes no reply to appellant’s brief in opposition, thus throwing an unwarrant*625able burden on opposing counsel and this court, the impropriety being heightened…