Thibodeaux v. Aetna Casualty & Surety Co.

On Motion to Dismiss

En Banc.

SAVOY, Judge.

This matter comes before the Court on a motion filed by appellees to dismiss the appeal for the reason that the record was not lodged in this Court on the return date fixed by the district judge, namely, June 17, 1968, due to the fault of the appellants in failing to return the original transcript of testimony to the Clerk of the district court in time to allow preparation of the record within the allotted time, despite repeated requests from the office of the Clerk for the return of the transcript of testimony.

The record reveals that the appeal in the…