Majority
p. 661Frank 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.