In Re Southard

Good Law
212 F.2d 274·1954 U.S. App. LEXIS 3364
United States Court of Appeals for the Ninth CircuitApril 9, 1954274California496 words

Opinion

Opinion

This motion was filed with the clerk of this court on April 1, 1954, and was submitted to this court on April 5, 1954. It purports to be a motion in a case entitled “United States of America, Appel-lee and Plaintiff, vs. Morton W. Southard et al., Appellants and Defendants.” There is no such case in this court.

In the motion, Southard and Hansber-ger are referred to as appellants. However, no appeal of Southard and Hans-berger or either of them has been docketed in this court, nor has any record on such an appeal or any portion of such a record been transmitted to this court.

The motion prays for an order extending to July 8, 1954, “the time within which to file the typewritten Transcript of Record and to file the Record and Docket the Appeal.” However, not having here any record on appeal or any portion of such a record, we do not know whether, in fact, any appeal has been taken by Southard and Hansberger or either of them; from what judgment, if any, such appeal, if any, was taken; when, if at all, such judgment, if any, was entered; when the notice of appeal, if any, was filed; whether the time for filing the record on appeal and docketing the appeal, if any, has been…

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