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DE FILIPPIS v. CHRYSLER SALES CORPORATION

No. 230.

127 F.2d 530 (1942)

DE FILIPPIS v. CHRYSLER SALES CORPORATION.

Circuit Court of Appeals, Second Circuit.

May 1, 1942.

Attorney(s) appearing for the Case

William J. Rapp, of New York City, for appellant.

John B. Cuningham, of New York City (Edward C. Gritzbaugh, Max W. Zabel, and Edward U. Dithmar, all of Chicago, Ill., of counsel), for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The facts in this case are set out in our opinion on a previous appeal, reported in 116 F.2d 375. Following our decision, the complaint was dismissed and a judgment for costs entered against the plaintiff on January 30, 1941. No appeal was taken from this order. On February 19, 1941, De Filippis moved to vacate and set aside the order of April 4, 1938, which was before us on the prior appeal, alleging that his...

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