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Grimes v. Shell Union Oil Corp.

287 N.Y. 661 Court N.Y. Decision date 1941-12-04 English

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p. 661
Frank Grimes, Respondent, v. Shell Union Oil Corporation, Appellant.
Submitted November 17, 1941;
decided December 4, 1941.
Carl O. Olson for motion.
J. Stanley Carter opposed.

Plaintiff-respondent moves to dismiss the defendant’s appeal “ on the ground that defendant-appellant has failed and neglected to serve appellant’s briefs -within the time provided in Rule 7 of the Rules of the Court of Appeals.” The rule does not require any party to have a brief.

Motion denied without prejudice to an application by plaintiff for an order that defendant may not now serve or file a brief.