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UNITED STATES v. STERLING

No. 405.

70 F.2d 708 (1934)

UNITED STATES v. STERLING et al.

Circuit Court of Appeals, Second Circuit.

April 30, 1934

Attorney(s) appearing for the Case

Martin Conboy, U. S. Atty., of New York City (William E. Collins, Sp. Asst. to U. S. Atty., of New York City, of counsel), for the United States.

Curtin & Glynn, of New York City (Harold Harper, of New York City, of counsel), for defendant-appellee Commercial Trust Co. of New York.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This suit was dismissed upon a general call of a calendar made up of all pending equity causes begun since June 1, 1907, which had not been disposed of and in which no action had been taken within one year. The order of dismissal was made pursuant to General Rule XXXIII of the United States District Court for the Southern District of New York which, so far as is material, is as follows:

"Dismissal for Want of Prosecution...

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