REMLINGER v. GRANGE STORE, 27 Wn.2d 960 (1947)

No. 30116.The Supreme Court of Washington. Department Two.
February 11, 1947.

Motion filed in the supreme court November 25, 1946, to strike the appellant’s statement of facts. Granted.

Powell Ostrander, for appellant.

Carl W. Bordsen and Rummens Griffin, for respondent.

PER CURIAM.

This cause is before us on respondents’ motion, made in this court, to strike appellant’s statement of facts, on the ground that the statement was not filed with the clerk of the superior court within the ninety-day period prescribed by Rule 9(1), Rules of the Supreme Court, 18 Wn.2d 9-a.

The facts and circumstances upon which the motion rests are fully stated in State ex rel. The Grange Store v. Riddell, ante
p. 134, and need not be repeated here. Upon the authority of that case, and for the reasons therein stated, respondents’ motion will be granted, and the statement of facts will be stricken.