U.S. Court of Appeals for the Third Circuit, 1963

Bendix Aviation Corporation v. John P. Glass, Jr.

Bendix Aviation Corporation v. John P. Glass, Jr.
U.S. Court of Appeals for the Third Circuit · Decided February 28, 1963 · Kalodner, Staley, Smith
314 F.2d 944 (Federal Reporter, Second Series)

Bendix Aviation Corporation v. John P. Glass, Jr.

Opinion

PER CURIAM.

On November 7, 1961, pursuant to the District Court’s Opinion filed that day, judgment was entered dismissing appellant’s counter claim for failure to prosecute. On May 7, 1962, following re-argument, the District Court adhered to its original ruling of dismissal.

On review of the record we can find no error. The Judgment of dismissal of November 7, 1961 will be affirmed for the reasons so well stated in Senior Judge Kirkpatrick’s Opinions of November 7. 1961 and May 7, 1962, 32 F.R.D. 375.

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