Brattrud v. Town Of Exline, 628 F.2d 1098 (8th Cir. 1980). · Go Syfert
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Brattrud v. Town Of Exline, 628 F.2d 1098 (8th Cir. 1980). Cases Citing This Book View Copy Cite
32 citation events (8 in the last 25 years) across 13 distinct courts.
Strongest positive: Lehman Bros. Holdings, Inc. v. Gateway Funding Diversified Mortgage Services, L.P. (ca3, 2015-05-07)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (rule) Lehman Bros. Holdings, Inc. v. Gateway Funding Diversified Mortgage Services, L.P.
3rd Cir. · 2015 · confidence medium
Fire Servs., 757 F.2d 1357, 1358 (1st Cir.1985); Wrighten v. Glowski, 232 F.3d 119, 120 (2d Cir.2000) (per curiam); Alizadeh v. Safeway Stores, Inc., 910 F.2d 234, 237 (5th Cir.1990); United States v. Johnson, 584 F.2d 148 , 156 n. 18 (6th Cir.1978); Woods v. Thieret, 5 F.3d 244, 245-46 (7th Cir.1993); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980) (per curiam); Syncom Capital Corp. v. Wade, 924 F.2d 167, 169-70 (9th Cir.1991) (per curiam); King v. Unocal Corp., 58 F.3d 586, 587-88 (10th Cir.1995); Abood v. Block, We recognize that “[dismissal of an appeal for failure to comp…
discussed Cited as authority (rule) Lydia Rosenfeld v. Oceania Cruises, Inc. (2×)
11th Cir. · 2012 · confidence medium
See, e.g., Carter v. Jacobsen, 748 F.2d 487, 488 (8th Cir.1984) (per curiam); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980) (per curiam).
cited Cited as authority (rule) Lydia Rosenfeld v. Oceania Cruises, Inc.
11th Cir. · 2012 · confidence medium
See, e.g., Carter v. Jacobsen, 748 F.2d 487, 488 (8th Cir. 1984) (per curiam); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir. 1980) (per curiam).
discussed Cited as authority (rule) State of Minnesota v. Virginia Moretto
8th Cir. BAP · 2010 · confidence medium
The complaint was filed on October 22, 2009, the second summons was issued 41 days later, on December 1, 2009, and the complaint and summons were served on Moretto on December 2, 2009.10 9 See Carter v. Jacobsen, 748 F.2d 487, 488-89 (8th Cir. 1984) (declining to review district court’s alleged error in admission of evidence where appellant failed to include transcript in record); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir. 1980) (per curiam) (same).
discussed Cited as authority (rule) Minnesota v. Moretto (In Re Moretto)
8th Cir. BAP · 2010 · confidence medium
See Carter v. Jacobsen, 748 F.2d 487, 488-89 (8th Cir.1984) (declining to review district court's alleged error in admission of evidence where appellant failed to include transcript in record); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980) (per curiam) (same).
cited Cited as authority (rule) Keith Brown v. Paul K. Delo
8th Cir. · 1996 · confidence medium
Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir. 1980) (per curiam).
cited Cited as authority (rule) Brown v. Delo
8th Cir. · 1996 · confidence medium
Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980) (per curiam).
discussed Cited as authority (rule) John B. Meroney v. Delta International MacHinery Corporation
8th Cir. · 1994 · confidence medium
See, e.g., Schmid v. United Brotherhood of Carpenters and Joiners, 827 F.2d 384, 386 (8th Cir.1987) (per curiam), cert. denied, 484 U.S. 1071 , 108 S.Ct. 1041 , 98 L.Ed.2d 1004 (1988); Burull v. First National Bank, 817 F.2d 56, 57-58 (8th Cir.1987), cert. denied, 485 U.S. 961 , 108 S.Ct. 1225 , 99 L.Ed.2d 425 (1988); Carter v. Jacobsen, 748 F.2d 487, 488-89 (8th Cir.1984) (per curiam); and Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980) (per curiam).
discussed Cited as authority (rule) Lloyd B. Fisher v. Judge James J. Krajewski
7th Cir. · 1989 · confidence medium
Thomas v. Computax Corp., 631 F.2d 139, 143 (9th Cir.1980); Southwest Admin., Inc. v. Lopez, 781 F.2d 1378, 1380 (9th Cir.1986); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980); Abood v. Block, 752 F.2d 548, 550 (11th Cir.1985).
discussed Cited as authority (rule) Jonathan Woodner Co. v. Adams
D.C. · 1987 · confidence medium
"Where an appellant raises issues that are factually dependent yet fails to provide a transcript of the pertinent proceedings in the district court ... we will not review the allegations.” Muniz Ramirez v. Puerto Rico Fire Services, 757 F.2d 1357, 1358 (1st Cir.1985); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980); McDonough Marine Service, Inc. v. M/V Royal Street, 608 F.2d 203 , 204 (5th Cir.1979); Herron v. Rozelle, 480 F.2d 282, 288 (10th Cir.1973). 3 .
discussed Cited as authority (rule) Robert Schmid v. United Brotherhood Of Carpenters And Joiners Of America
8th Cir. · 1987 · confidence medium
See Carter v. Jacobsen, 748 F.2d 487, 488 (8th Cir.1984) (per curiam) (claim that district court erred in admission of evidence not preserved for review where transcript was not included in record); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980) (per curiam) (same).
discussed Cited as authority (rule) Schmid v. United Brotherhood of Carpenters & Joiners of America
8th Cir. · 1987 · confidence medium
See Carter v. Jacobsen, 748 F.2d 487, 488 (8th Cir.1984) (per curiam) (claim that district court erred in admission of evidence not preserved for review where transcript was not included in record); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980) (per curiam) (same).
discussed Cited as authority (rule) Costilow v. City of Eastlake
6th Cir. · 1986 · confidence medium
See Bonner v. Coughlin, 657 F.2d 931, 939 (7th Cir. 1981) (per curiam); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir. 1980) (per curiam). 17 Finally, plaintiff argues that the jury's verdict is not supported by substantial evidence.
discussed Cited as authority (rule) Southwest Administrators, Inc. v. Louis S. Lopez
9th Cir. · 1986 · confidence medium
See Thomas v. Computax Corp., 631 F.2d 139, 141 (9th Cir.1980); see also Abood v. Block, 752 F.2d 548, 550 (11th Cir.1985) (per curiam); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980) (per curiam).
discussed Cited "see" Robert Burull and Jeanne Burull v. First National Bank of Minneapolis (2×) also: Cited "see, e.g."
1st Cir. · 1987 · signal: see · confidence high
See Brattrud, 628 F.2d at 1099. 3 It is so ordered. 1 .
cited Cited "see" Garnes v. Gulf & Western Manufacturing Company
8th Cir. · 1986 · signal: see · confidence high
See Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980).
cited Cited "see" Garnes v. Gulf & Western Manufacturing Co.
8th Cir. · 1986 · signal: see · confidence high
See Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980).
cited Cited "see" Geneva Carter and John W. Carter v. Gary Jacobsen Charles Quaethem Thomas Klekamp David Barron
8th Cir. · 1984 · signal: see · confidence high
See Brattrud *489 v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980) (per curiam).
cited Cited "see, e.g." Timothy Salisbury v. Itasca County
8th Cir. · 2011 · signal: see also · confidence medium
Corp., 18 F.3d 1436, 1437 (8th Cir.1994); see also Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980) (per curiam).
Retrieving the full opinion text from the archive…
Wallace C. Brattrud
v.
Town of Exline, an Iowa Municipality in Appanoose County, Eugene Albright, Individually and as Mayor of the Town of Exline, Appanoose County, Iowa
80-1161.
Court of Appeals for the Eighth Circuit.
Aug 25, 1980.
628 F.2d 1098
Cited by 4 opinions  |  Published

628 F.2d 1098

Wallace C. BRATTRUD, Appellant,
v.
TOWN OF EXLINE, an Iowa Municipality in Appanoose County,
Eugene Albright, Individually and as Mayor of the
Town of Exline, Appanoose County, Iowa, Appellees.

No. 80-1161.

United States Court of Appeals,
Eighth Circuit.

Submitted Aug. 18, 1980.
Decided Aug. 25, 1980.

Sidney E. Drake, Centerville, Iowa, for appellees.

Before LAY, Chief Judge, and HEANEY and ARNOLD, Circuit Judges.

PER CURIAM.

1

This appeal arises from a dispute over the alleged destruction by the Town of Exline, an Iowa municipality, of a building owned by appellant Wallace C. Brattrud. The pleadings disclose that the Town of Exline had informed Brattrud some months earlier that his building, which had previously been used as a warehouse, was at that time vacant and in disrepair and constituted a dangerous nuisance in violation of a local ordinance. Brattrud was ordered to repair the building or tear it down. Brattrud maintains that an oral agreement was reached between himself and the Town of Exline giving Brattrud until November 10, 1976 to begin repairs. It is alleged that the Town of Exline had the building destroyed November 8, 1976, contrary to that agreement. Brattrud brought suit against the Town of Exline seeking compensatory and punitive damages for the taking of his property. At trial the jury returned a verdict for Brattrud, awarding him compensatory damages of $1. Brattrud has appealed.

2

On appeal Brattrud basically challenges the verdict as contrary to the evidence on the valuation of his building and his ensuing damages; Brattrud also urges that the testimony of the town's expert witness regarding the value of the property in question was inadmissible for lack of proper foundation.

3

On appeal Brattrud seeks a review of the district court's holding but fails to provide a transcript of the record as required by F.R.A.P. Rule 10(b). That rule provides in relevant part:

4

If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, he shall include in the record a transcript of all evidence relevant to such finding or conclusion.

5

In the event that a complete transcript of the proceedings is unavailable F.R.A.P. Rule 10(c) provides for acceptable alternatives. It is the responsibility of the party appealing from a finding or conclusion to see that the transcript or an appropriate substitute is included in the record on appeal. See, e. g., Sanabria v. Int'l Longshoremen's Ass'n Local 1575, 597 F.2d 312 (1st Cir. 1979); Rivera Morales v. Benitez de Rexach, 541 F.2d 882 (1st Cir. 1976); Wisconsin Barge Line, Inc. v. Coastal Marine Transport, Inc., 414 F.2d 872 (5th Cir. 1969). The pleadings included in the record on appeal fail to provide any record required for a meaningful review. This court cannot rule on the issues raised here without a complete transcript of the proceedings. In the absence of a proper record which includes the transcript of testimony, we have no alternative but to dismiss the appeal pursuant to Eighth Circuit Rule 13, for failure to comply with the Federal Rules of Appellate Procedure.

6

It is so ordered.