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C. F. SIMONIN'S SONS v. AMERICAN CAN CO.

No. 19948.

26 F.Supp. 420 (1939)

C. F. SIMONIN'S SONS, Inc., v. AMERICAN CAN CO.

District Court, E. D. Pennsylvania.

January 6, 1939.

Attorney(s) appearing for the Case

George V. Strong, of Philadelphia, Pa., for plaintiff.

Samuel Scoville, Jr., and T. R. White, both of Philadelphia, Pa., for defendant.

KIRKPATRICK, District Judge.

This is a suit at law begun, prior to the effective date of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, by the issuance of a writ of summons, without the filing of any statement of claim. This procedure was in conformity with Pennsylvania practice. The summons was in trespass, which merely showed a tort action of some kind.

Then the plaintiff, still before the effective date of the new Rules, filed...

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