George Peterson v. Herman S. Moore

Third Circuit

George Peterson v. Herman S. Moore

267 F.2d 496, 1959 U.S. App. LEXIS 3730

CourtCourt of Appeals for the Third Circuit

DecidedJune 5, 1959

Docket12863

StatusPublished

Cited by2 cases

This text of 267 F.2d 496 (George Peterson v. Herman S. Moore) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

George Peterson v. Herman S. Moore, 267 F.2d 496, 1959 U.S. App. LEXIS 3730 (3d Cir. 1959).

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Opinion

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.

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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.

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Bluebook (online)

267 F.2d 496, 1959 U.S. App. LEXIS 3730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-peterson-v-herman-s-moore-ca3-1959.

Opinion

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