Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Peterson v. Moore.

UNITED STATES COURT OF APPEALS THIRD CIRCUIT.


decided: June 5, 1959.

GEORGE PETERSON, APPELLANT,
v.
HERMAN S. MOORE.

Before GOODRICH, KALODNER and STALEY, Circuit Judges.

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.

19590605

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.