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PRODUCERS RELEASING CORP. v. PATHE INDUSTRIES

No. 35, Docket 21719.

184 F.2d 1021 (1950)

PRODUCERS RELEASING CORPORATION DE CUBA v. PATHE INDUSTRIES, Inc.

United States Court of Appeals Second Circuit.

Decided November 6, 1950.

Attorney(s) appearing for the Case

Budner & Budner, New York City (Sidney S. Bobbe, New York City, of counsel), for appellant.

Robert L. Augenblick, New York City, for appellee.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Considering our opinion in connection with the dismissal of the former suit, 2 Cir., 176 F.2d 93 and the New York decisions interpreting § 23 of the New York Civil Practice Act, we think that the dismissal of the complaint in that suit was not for "neglect to prosecute", and that therefore the present suit was timely brought within the meaning of § 23....

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