PICKETT v. F. B. STEARNS CO.

No. 738.

2 F.2d 600 (1924)

PICKETT v. F. B. STEARNS CO.

District Court, N. D. Ohio, E. D.

November 25, 1924.


Attorney(s) appearing for the Case

Hull, Brock & West, of Cleveland, Ohio, and George E. Kirk, of Toledo, Ohio, for plaintiff.

Tolles, Hogsett, Ginn & Morley and Albert Lynn Lawrence, all of Cleveland, Ohio, for defendant.


WESTENHAVER, District Judge.

Defendant moves for an order, under new equity rule 57, dismissing the case without prejudice, because it had heretofore been dropped from the calendar and not reinstated within one year. Plaintiff opposes this motion, and, although no written motion is filed, he in effect requests that the cause be restored to the calendar and assigned for hearing at the earliest convenient day.

Various reasons are urged by plaintiff's counsel...

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