Walters v. Shari Music Publishing Corp.

MEDINA, Circuit Judge.

As this Court had “become aware that some counsel have apparently decided to honor Rule 15(b) in the breach,” it was stated in United States v. Lefkowitz, 2 Cir., 1960, 284 F.2d 310, at p. 316:

“It is not our intention to permit Rule 15(b) to be ignored as it now too often is, and we shall feel free to adopt appropriate sanctions for *207its violation, such as requiring the filing of proper appendices either before or after argument, disregarding portions of the transcript not reproduced, and, in cases of flagrant breach by appellants, dismissal of the appeal.”

This warning…