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TAYLOR v. YELLOW CAB CO. OF D. C.

No. 9583.

169 F.2d 299 (1948)

TAYLOR et al. v. YELLOW CAB CO. OF D. C., Inc. et al.

United States Court of Appeals District of Columbia.

Decided May 24, 1948.

Attorney(s) appearing for the Case

Mr. David G. Bress, of Washington, D. C., with whom Messrs. Alvin L. Newmyer and Rolland G. Lamensdorf, both of Washington, D. C., were on the brief, for appellants.

Mr. Alfred M. Schwartz, of Washington, D. C., with whom Mr. Samuel A. Friedman, of Washington, D. C., was on the brief, for appellee Yellow Cab Company of D. C., Inc. No appearance for appellee Carter.

Before EDGERTON, PRETTYMAN, and PROCTOR, Associate Justices.

PER CURIAM.

Appellants sued in the Municipal Court. They failed to appear upon the date to which the case had been continued at their request. Thereupon the court granted the defendants' "oral motion to dismiss for want of prosecution". Thereafter appellants sued in the District Court, and that court certified the case to the Municipal Court. Faced there with a plea of res judicata on account of the dismissal of the first case, appellants moved, in the first action...

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