SAMUEL G. WHITNEY, APPELLANT,
v.
W. R. GRASLE CO., AN OREGON CORPORATION, APPELLEE

9th Cir. | 1971-06-04
No. 25786
442 F.2d 1346 United States Court of Appeals for the Ninth Circuit (1971) Positive Treatment
Cited by 16 cases

Opinion of the Court
PER CURIAM:

. The appellee’s motion to dismiss was based upon its contention that it was not served with a copy of the appellant’s opening brief in this court. The opening brief was apparently received in our Clerk’s office on December 29, 1970. The motion to dismiss the appeal was not filed until April 6, 1971, after the appeal had already been scheduled for oral argument on May 3, 1971. It is because of this delay on the part of appellee’s counsel and because the appellant represents himself in propria persona that we deny the motion to dismiss the appeal.


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