United States v. Berger

DENMAN, Circuit Judge.

This is upon a motion to reverse a judgment dismissing appellants’ complaint. The appeal has been perfected and both parties are within the jurisdiction of the court. A notice of motion with an accompanying copy of the motion and a brief in support thereof was served upon appellees more than six weeks before the date of the hearing, of which latter date the appellees were duly notified. Appellees failed to appear at the hearing and the motion was submitted without argument on appellants’ brief and the transcript of the record.

The complaint sets forth two causes of…