Paulette Grantham, Fred Grantham, Charles R. Grantham v. Morgan Linen Serv. Inc., Essick Investment Co., 'Automatic' Sprinkler Corporation of America

Order Dismissing Appeal

On October 21, 1969, defendant-appellee Morgan Linen Serv. Inc. filed a motion which referred to Rule 12(c), F.R. A.P. That portion of the rule authorizes a motion to dismiss an appeal for failure to cause timely transmission of the record. The motion, however, is clearly one to dismiss an appeal on the ground the notice of appeal was filed too late. The motion (and response thereto) will be considered accordingly.

On July 28, 1969 the district court entered an order allowing the motion of defendant Morgan to dismiss the com plaint. Plaintiffs Grantham did not file a…