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ZADIG v. ÆTNA INS. CO.

No. 337.

42 F.2d 142 (1930)

ZADIG v. ÆTNA INS. CO.

Circuit Court of Appeals, Second Circuit.

May 12, 1930.

Attorney(s) appearing for the Case

Putney, Twombly & Putney, of New York City (Frederic R. Sanborn, of New York City, of counsel), for appellant.

Bigham, Englar & Jones, of New York City (Arthur W. Clement and Henry J. Bogatko, both of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and MACK, Circuit Judges.

PER CURIAM.

The plaintiff filed its complaint in the state court in July, 1926, the cause was removed, the defendant answered in July, 1927, and neither side noticed the case for trial. Rule 28 of the General Rules of the Southern District of New York provides that "cases which have been pending in this court for more than one year without any proceedings having been taken therein during such year may be dismissed as of course for want of prosecution by the court...

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