Business Forms Finishing Service, Inc. v. Carson, 18691.
| Decision Date | 15 June 1971 |
| Docket Number | No. 18691.,18691. |
| Citation | 463 F.2d 966 |
| Parties | BUSINESS FORMS FINISHING SERVICE, INC., Plaintiff-Appellee, and Raymond P. Glowiak, Counterclaim Defendant-Appellee, v. Palmer A. CARSON and Henry Kovach, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Francis T. Drumm, Chicago, Ill., for defendants-appellants.
James G. Staples and Edward M. Keating, Parker, Carter & Markey, Chicago, Ill., for plaintiff-appellee.
Before KERNER, PELL and STEVENS, Circuit Judges.
Order of Dismissal
This is an appeal from an order of the District Court for the Northern District of Illinois entered on June 25, 1970, which order followed a contempt hearing in the district court.
On April 21, 1971 the defendants, Carson and Kovach, appellants herein, filed their emergency motion for extending the time for filing their original brief from April 22, 1971 until May 7, 1971. The record reflects that the motion of April 21, 1971 was the eleventh motion for extension of time to file the brief by said appellants. The record further reflects that upon the sixth motion, filed January 14, 1971, the time was extended to February 15, 1971 with a statement being made that no further extension would be granted.
The plaintiff-appellee, on April 22, 1971, filed its memorandum in opposition to the motion for extension and moved to dismiss the appeal pursuant to Rule 12(c), Fed.R.App.P. Further motions and responses have been received from the parties which have developed a claim on the part of the appellants that certain exhibits introduced in the hearing below had not been made a part of the record on this appeal despite the request of the appellants to the Clerk of the district court. Some of the so-called missing exhibits were apparently in the possession of the appellee and were furnished by the appellee to the Clerk of the district court on or about April 22, 1971 and were in due course transmitted to this court. The appellants claim there are still missing exhibits. However, the appellee states that the originals of the remaining exhibits are in the possession of the appellants.
The latter assertion is not contravened in the response of the appellants to the rule to show cause why this appeal should not be dismissed, which rule to show cause was entered by the panel of this court on May 18, 1971.
No brief has thus far been filed by the appellant.
It is clear that the responsibility for providing an adequate record and for insuring that it is timely transmitted to the court...
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...providing an adequate record and insuring its timely transmittal rests squarely with appellant . . ..'); Business Forms Finishing Serv. Inc. v. Carson, 463 F.2d 966, 967 (7th Cir. 1971) ('It is clear that the responsibility for providing an adequate record and for insuring that it is timely......
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Pyramid Mobile Homes, Inc. v. Speake, 76--1049
...as were here exhibited, good cause is not shown. Gammill Co. v. Asher, 5 Cir. 1970, 423 F.2d 627, 628; Business Forms Finishing Service, Inc. v. Carson, 7 Cir. 1971, 463 F.2d 966, 967; Brennan v. United States Gypsum Co., 10 Cir. 1964, 330 F.2d 728, 729; Weinberger v. Group, 1 Cir. 1964, 33......
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Powers v. Johnson, 8415
...action necessary to enable the clerk to assemble and transmit the record.' (Emphasis added). Accord: Business Forms Finishing Service, Inc. v. Carson, 463 F.2d 966 (7th Cir. 1971). Cf. Pyramid Mobile Homes, Inc. v. Speake, 531 F.2d 743 (5th Cir. Affirmed. ...
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...(dismissal of appeal from bankruptcy for delay in providing record and insuring its timely transmittal); Business Forms Finishing Service, Inc. v. Carson, 463 F.2d 966 (7th Cir. 1971) (dismissal of appeal from contempt holding for failure to transmit exhibits and file briefs within one year......