Rasmusson

Order Allowing Continuance of Hearing of Appeal Under Rule 4, par. 5, of the Rules of the Court UPon Condition of Waiver of Claim of Certain Interest, and of Period of Accounting for Infringement, and of Vacation and Exoneration of Supersedeas.

Tt appearing from the affidavit of William S. Graham, attorney for appellees, that due to illness of counsel the hearing of the appeal herein should be continued from August 16, 1939, the date now fixed for such hearing, to be reset for hearing at a date subsequent to October 1, 1939; and

It further appearing that the effect of appellees’ delay in the administration , . 1 ,, 4 , of Justlce> though due to such misfortune to appellees, should not be transferred to appellants; and

It further appearing that as a condition for Procuring sald continuance the court should require and the appellees have stipulated for a waiver of claims of certain interest and for the accounting for certain damages and for the vacation and exoneration of appellants supersedeas bond, as hereafter ordered, ’ ’

Now, thereiore, it is ordered that^ the hearing on appeal in the above entitled cause now set for August 16, 1939, may be continued, to be reset by the…