Maloney

Appellee moves to dismiss this appeal duly taken on June 14, 1948, on the ground that appellant failed to file the transcript for docketing here within the time provided by Federal Rules of Civil Procedure, rule 73(g), 28 U.S.C.A., providing:

“Docketing and Record on Appeal. The record on appeal as provided for. in Rules 75 and 76 shall be filed with the appellate court and the appeal there docketed within 40 days from the date of filing the notice of appeal * * *. In all cases the district court in its discretion and with or without motion or notice may extend the time for filing the record on appeal and docketing the appeal, if its order for extension is made before the expiration of the period for filing and docketing as originally prescribed or as extended by a previous order; but the district court shall not extend the time to a day more than 90 days from the date of filing the first notice of appeal.

It appears that on July 15, 1948, appellant filed with the district court his written notice of motion for an extension of time to file the transcript for docketing, which the district court failed to grant or deny but on which notice it wrote, “No action.” Thereafter, on July…

(dissenting).

In my judgment the record in this case clearly indicates a delay in prosecuting the appeal which amounts to inexcusable neglect on the part of appellant. I would dismiss the appeal.