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FRIED v. FEOLA

Civ. A. No. 674.

129 F.Supp. 699 (1954)

Albert FRIED, for the USE of the BERGER SUPPLY COMPANY; for the use of the Commercial Investment Trust Incorporated, now for the use of the Federal Housing Administrator, acting on behalf of the United States of America, Plaintiff, v. John FEOLA and Teresa Feola, Defendants.

United States District Court, W. D. Pennsylvania.

December 28, 1954.

Attorney(s) appearing for the Case

John W. McIlvaine, U. S. Atty., Dale E. Sloan, Asst. U. S. Atty., Pittsburgh, Pa., for plaintiff.

Clyde P. Bailey, Pittsburgh, Pa., James B. Ceris, Pittsburgh, Pa., for defendant.

MARSH, District Judge.

This matter came on for trial and was met in limine by an oral motion for dismissal by the defendant, Teresa Feola, for the reason that she has been prejudiced in her defense by the plaintiff's lack of diligence in prosecuting this action,1 and for the further reason that plaintiff had agreed on December 5, 1950 to the dismissal of the case if the witness Albert Fried...

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