Bennett v. Johnston

MORIAL, Judge.

This case is before us on plaintiff-appel-lee’s motion to dismiss this appeal filed on March 11, 1976. Defendants-appellants were originally given until March 30, 1976 to show cause by brief why this appeal should not be dismissed. The March 30 date was extended to May 7. Defendants-appellants have failed to reply.

The record and the affidavit of the deputy clerk of the district court in support of plaintiff-appellee’s motion to dismiss discloses the following chronology of events: defendants-appellants filed a timely appeal for which the court set a return date of July 2, 1975.…