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REPUBLIC ACCEPTANCE CORPORATION v. MASSACHUSETTS BONDING & INS. CO.

No. 3977.

34 F.2d 660 (1929)

REPUBLIC ACCEPTANCE CORPORATION v. MASSACHUSETTS BONDING & INS. CO.

Circuit Court of Appeals, Third Circuit.

August 27, 1929.

Attorney(s) appearing for the Case

A. Devoe P. Miller, of Pittsburgh, Pa., for appellant.

Charles F. Patterson, of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

This case concerns the right of the court below under its rule to non pros. a case for lack of due prosecution by the plaintiff. The case was brought April, 1921. On August 4, 1921, the defendant filed an affidavit of defense. On August 3, 1922, the plaintiff filed its præcipe for issue and the case was listed for trial. On August 15, 1924, another præcipe for issue was filed. On December 23, 1925, the clerk, in pursuance of rule...

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