Foley Lumber Industries, Inc. v. Buckeye Cellulose Corporation

*698RIVES, Circuit Judge.

This appeal is from a judgment entered upon a “Motion for Judgment on the Pleadings” which had been converted into a motion for summary judgment.1 The summary judgment declared 'that a contract between the parties, dated May 4, 1953, “is now of no force and effect and neither party is under any obligation to the other with respect thereto.”

Appellee Buckeye 2 first moves to dismiss the appeal on the ground that the record is incomplete and fails to include the depositions filed in the district court. In support of its motion to dismiss, the appellee cites In re Chapman…