BROCK, Chief Judge.
When plaintiff served his proposed record on appeal on defendants, defendants filed exceptions. Plaintiff requested settlement of the record on appeal by the trial judge.
On 6 May 1976 the trial judge entered his order settling the record on appeal. The North Carolina Rules of Appellate Procedure, Rule 11(e) provides that "[w]ithin 10 days after the record on appeal has been settled . . . the appellant shall present the items constituting...
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