Myles v. Procon, Inc.

SAMUEL, Judge.

These are motions filed by the defendants-appellees to dismiss an appeal and, alternatively, to set aside our order remanding the matter to the trial court for the purpose of completing the record by retaking certain testimony.

The suit is against plaintiff’s employer and the latter’s insurer for workmen’s compensation benefits. After trial there was judgment, on November 3, 1965, in favor of the defendants, dismissing plaintiff’s demands at his cost. Plaintiff appealed from that judgment. The record lodged in this court was and is incomplete in that it does not contain a…