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BASSICK MFG. CO. v. FRANK MILLER CO.

No. 3898.

31 F.2d 112 (1929)

BASSICK MFG. CO. v. FRANK MILLER CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied April 3, 1929.

Attorney(s) appearing for the Case

Lynn A. Williams, of Chicago, Ill., for appellant.

Leonard L. Kalish, E. H. Fairbanks, and Frank S. Busser, all of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below the plaintiff moved to dismiss its bill "without prejudice." The court granted the order, but struck out the words "without prejudice." It subsequently appearing that in litigation between the same parties in the Sixth circuit this order was urged by the defendant as res adjudicata, the plaintiff took this appeal and assigned for error the nonallowance of its motion as made "without prejudice." The defendant contends that...

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