U.S. Court of Appeals for the Third Circuit, 1959

George Peterson v. Herman S. Moore

U.S. Court of Appeals for the Third Circuit · Decided June 5, 1959 · Goodrich, Kalodner, Per Curiam, Staley

267 F.2d 496; 1959 U.S. App. LEXIS 3730 (Federal Reporter, Second Series)

Counsel

John P. S. O’Connor, Pittsburgh, Pa. (Evans, Ivory & Evans, Pittsburgh, Pa., on the brief), for appellant., Joseph J. Lee, Clearfield, Pa. (Sherman T. Rock, Andrew C. Van Gorder, Paul, Lawrence & Rock, Pittsburgh, Pa., on the brief), for appellee.

Cases that cite this one

2 later published cases cite this decision.

James L. Cherry and Mildred F. Cherry v. Brown-Frazier-Whitney, Partnership (D.C. Cir. 1976)
Mely v. Morris (Alaska 1966)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is an appeal from a judgment dismissing an action in tort. for want of prosecution. The case was here once before, but we dismissed because there was no final judgment, but instead an outstanding order for a new trial. 3d Cir., 1958, 254 F.2d 853. We think that the subsequent proceedings may have been influenced by a misunderstanding on the part of the plaintiff or his counsel, and that the ends of fairness will be best served by vacating the judgment entered under Rule 41(b) F.R.Civ.P., 28 U.S.C.A., and sending the case back for a new trial if the plaintiff so desires.

The judgment of the district court is vacated and the case remanded.

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