United States of America, for the Use and Benefit of Air Comfort, Inc., and Cross-Defendant v. Jones Coal Company, and Cross-Plaintiff

McALLISTER, Senior Circuit Judge.

Appellee has filed a motion, supported by affidavits, to dismiss the above appeal on the ground that no proper transcript of the evidence has been included in the record on appeal, and that the questions raised by appellant in its brief cannot be resolved without such a transcript. In the alternative, appellee also moved that the case be remanded to the District Court for preparation of a proper transcript, at the expense of appellant; that, for this purpose, the Clerk of this Court be directed to return to the Clerk of the District Court, the original record…