Ainsworth v. Gill Glass & Fixture Co.

MARIS, Circuit Judge.

The appellee has moved to dismiss an appeal taken by the appellant from a final decree entered on December 21, 1938, in the District Court for the Eastern District of Pennsylvania. The motion is upon the ground that the appellant failed to comply with the requirements of Subdivision (g) of Federal Procedure Rule 73, 28 U.S.C.A. following section 723c, as to the filing of the record on appeal. Subdivision (g) of Rule 73 is as follows:

“(g) Docketing and Record on Appeal. The record on appeal as provided for in Rules 75 and 76 shall be filed with the appellate court and the…