June 10, 1994 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 93-2152
EDWARD GALLAGHER,
Plaintiff, Appellant,
v.
ANTHONY M. FRANK, POSTMASTER GENERAL OF THE UNITED STATES,
Defendant, Appellee.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Nathaniel M. Gorton, U.S. District Judge]
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Before
Torruella, Cyr and Stahl,
Circuit Judges.
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Edward Gallagher on brief pro se.
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Donald K. Stern, United States Attorney, and Cheryl L. Conner,
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Assistant United States Attorney, on brief for appellee.
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Per Curiam. Following execution of a settlement
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agreement in this Title VII suit, plaintiff Edward Gallagher
sought to disavow the agreement on the ground that his trial
attorney had lacked authorization to settle the suit on the
agreed terms. After conducting a status conference attended
by plaintiff and counsel, the district court rejected this
claim, finding that plaintiff's attorney "had the proper
authority to settle his case." Plaintiff now seeks to
challenge this determination. He voices no complaint as to
the format of the conference and, indeed, it readily appears
that he was afforded "a fair opportunity to have his say."
Michaud v. Michaud, 932 F.2d 77, 81 (1st Cir. 1991). Rather,
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his cursory argument on appeal appears to be that the court's
finding was clearly erroneous.
We are unable meaningfully to evaluate this claim on the
basis of the record presented. If the status conference was
recorded, plaintiff was obligated under Fed. R. App. P. 10(b)
& 11(a) to order a transcript. See, e.g., Valedon Martinez
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v. Hospital Presbiteriano de la Communidad, Inc., 806 F.2d
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1128, 1135 (1st Cir. 1986) ("We have held repeatedly that we
will not review a claim of error if the appellant has failed
to include a transcript of the pertinent proceedings in the
record on appeal."). Alternatively, if the conference was
not recorded, plaintiff could have prepared a "statement of
the evidence" under Fed. R. App. P. 10(c) for approval by the
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district court. See, e.g., Barilaro v. Consolidated Rail
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Corp., 876 F.2d 260, 263-64 (1st Cir. 1989). In light of his
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failure to pursue either course, "the consequences of any
insufficiency [in the record] properly fall on the
appellant." Id. at 263. On the basis of the meager record
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before us, see, e.g., Silva v. Witschen, ___ F.3d ___, ___
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n.9, No. 93-1720 (1st Cir. 1994) (despite incomplete record,
appellate court reviews merits as record allows), we perceive
no basis for disturbing the district court's determination.
Affirmed.
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