In re Engler's Estate

VINCENT C. GIBLIN, Circuit Judge.

October 30, 1952: This cause has been heard and considered on the appellant’s motion (filed October 12, 1952) “to amend.”

The court construes the motion as one for the reinstatement of the appeal which, by Judge Morris’ order of October 10, 1952, was dismissed.

As so construed, the motion is granted and the appeal (from an order made July 15, 1952 by the judge below), notice of which was filed August 7, 1952, is reinstated because I am of the opinion that the failure of the appellant to direct the clerk below to transmit the original court file to this court was…