UNITED STATES
v.
KRAUSE ET AL.
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The court held that failure to comply with Rule 73(g) regarding filing a record and docketing an appeal within the prescribed time, without a valid excuse, warrants dismissal.
Appellant appealed a civil judgment but failed to file the record on appeal or docket the appeal within the 40-day period required by Rule 73(g) of th…
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PER CURIAM.
In a civil action wherein appellees were plaintiffs and appellant was defendant, a judgment was entered in favor of appellees on December 6, 1951. Appellant appealed from the judgment by filing a notice of appeal on January 30, 1952.
To secure a review of the judgment, appellant was required to take further steps, including those prescribed in Rule 73(g) of the Federal Rules of Civil Procedure, 28 U.S.C.A. Thus appellant was required to have a record on appeal filed with this court and the appeal docketed within the 40-day period prescribed in Rule 73(g) or a valid extension thereof. There was no extension of the 40-day period. Appellant did not have a record on appeal filed with this court or the appeal docketed within the 40-day period or at all.
Appellees have caused the appeal to be docketed and have moved to dismiss it because of appellant’s failure to comply with Rule 73(g). No valid excuse for the failure is shown. The failure does not affect the validity of the appeal, but is ground for such action as we deem appropriate. See Rule 73(a) of the Federal Rules of Civil Procedure. The action we deem appropriate is dismissal of the appeal. Cf. United States v. Gallagher, 9 Cir., 151 F. 2d 556; Tucker Products Corp. v. Helms, 9 Cir., 171 F. 2d 126; United States v. Stanton, 9 Cir., 172 F. 2d 642.
Appeal dismissed.
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Citator
Cited By
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United States v. Lindsay, 346 U.S. 568 (U.S. 1954)
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United States v. State OF Ariz., 214 F.2d 389 (9th Cir. 1954)
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Fong v. Glover, 197 F.2d 710 (9th Cir. 1952)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Gallagher, 151 F.2d 556 (9th Cir. 1945)
- Tucker Prods. Corp. v. Helms, 171 F.2d 126 (9th Cir. 1948)
- United States v. Stanton (two cases), 172 F.2d 642 (9th Cir. 1949)