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UPTON-LANG CO. v. METROPOLITAN CASUALTY INS. CO.

No. 4633.

57 F.2d 133 (1932)

UPTON-LANG CO. v. METROPOLITAN CASUALTY INS. CO. OF NEW YORK.

Circuit Court of Appeals, Third Circuit.

March 2, 1932.

Attorney(s) appearing for the Case

John A. Spaeder and Marsh & Eaton, all of Erie, Pa., for appellant.

Lewis M. Stevens, of Philadelphia, Pa., and English, Quinn, Leemhuis & Tayntor, of Erie, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from an order of the District Court vacating a judgment entered in favor of the plaintiff for want of an affidavit of defense and giving the defendant an opportunity to defend.

Complaint in this case was filed by the Upton-Lang Company against the Metropolitan Insurance Company of New York, hereinafter called the insurance company, in the common pleas court of Erie county at Erie, Pa., on October 3, 1930. On December...

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