Motion to Withdraw Appellant's Brief on Appeal

    R ECE*
JUN3 1977

JOHN P. HEHMAN, ClerK

IN THE UNITED STATES COURT OF APPEALS 
FOR THE SIXTH CIRCUIT 

NO. 77-1089
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F I L E D

CLEAMTEE GARNER, ETC.,
Plaintiff-Appellant

VS.
MEMPHIS POLICE DEPARTMENT, 
ET AL,

Defendants-Appellees.

JOHN P. HEHMAN, ClerK

MOTION TO WITHDRAW APPELLANT'S BRIEF ON APPEAL, TO WITHDRAW 
TRANSCRIPT OF PROCEEDINGS, AND TO EXTEND TIME WITHIN WHICH 

TO FILE BRIEF ON APPEAL
Comes the plaintiff-appellant and moves this Honorahle 

Court to permit them to withdraw their Brief on Appeal and to 
direct the Clerk to ' . return the transcript of the pro­
ceedings to the Clerk's Office for the United States District 
Court for the Middle District of Tennessee, Nashville Division, 
and to extend the time within which to file the Brief on Appeal 
and for reasons therefore would show the Court the following:

1. During the preparation of the Brief and Appendix 
on appeal in this cause counsel for plaintiff-appellants ascer­
tained that the transcript was incorrectly numbered in several 
places and the testimony of certain witnesses did not appear in 
the correct place in said transcript.



2. The Brief on Appeal was prepared by Nashville Counsel 
and the Appendix on appeal was prepared by New York Counsel and 
said Counsel -fourxj .it impossible because of the condition of the 
transcript to coordinate their efforts in order that citations 
to the Appendix could be made in the Brief on Appeal.

3. The Brief on Appeal and the Appendix were timely 
filed, however, Nashville Counsel was not able to make citations 
to the Appendix because of the difficulties encountered with 
the paginations of the transcript.

4. If the transcript can be mailed to the Clerk's Office 
for the United States District Court for the Middle District of 
Tennessee, Nashville Division, Nashville Counsel will have an 
opportunity to ascertain how the transcript as submitted to the 
Sixth Circuit is numbered.

5. Appellcints submit that the Brief which was timely 
filed should be returned to appellants in order that appellants 
can make the correct citations to the Appendix.

6. Appellaints submit that a period of fourteen (14) days 
would be sufficient to complete the viewing of the transcript 
and.the correction of the Brief on Appeal.

7. The defendant-appellees will not be prejudiced by 
the granting of the instamt Motion.

Respectfully submitted.

AVON N. WILLIAMS, JR. 
MAURICE E. FRANKLIN 
1414 Parkway Towers 
Nashville, Tennessee 37219



WALTER BAILEY 
BAILEY, HIGGS & BAILEY 
161 Jefferson Avenue 
Memphis, Tennessee 38103
JACK GREENBERG 
JAMES M. NABRIT, III 
STEPHEN RALSTON 
10 Columbus Circle 
Suite 2030New York, New York 10019 
Attorneys for Plaintiff-Appellants

CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing 

Motion was mailed to Heniry L. Klein, Esquire, 3500 - 100 N. 
Main Building, Memphis, Tennessee 38103, this the f  day 
of June, 1977-