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RED WARRIOR COAL & MINING CO. v. BORON

No. 10559.

194 F.2d 578 (1952)

RED WARRIOR COAL & MINING CO., Inc. v. BORON.

United States Court of Appeals Third Circuit.

Decided February 7, 1952.

As Amended on Denial of Rehearing March 10, 1952.

Attorney(s) appearing for the Case

Harry Savage, Pittsburgh, Pa. (Margiotti & Casey, Pittsburgh, Pa., on the brief), for appellant.

S. G. Pugliese, Pittsburgh, Pa. (Carl A. Belin, Clearfield, Pa., on the brief), for appellee.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

This is an appeal from the judgment dismissing plaintiff's case with prejudice. Plaintiff says that the dismissal in this fashion went beyond judicial discretion and deprived him of his day in court.

The occasion for the appeal arises out of an effort to try to clear the very conjested docket in the Western District of Pennsylvania. Charged as we are with the responsibility for the administration of justice in federal courts in our...

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