JOHN E. SMITH'S SONS CO. v. LATTIMER FOUNDRY & MACH. CO.

No. 12055.

239 F.2d 815 (1956)

JOHN E. SMITH'S SONS COMPANY v. LATTIMER FOUNDRY & MACHINE COMPANY, Appellant.

United States Court of Appeals Third Circuit.

Decided December 28, 1956.


Attorney(s) appearing for the Case

James P. Costello, Jr., Hazelton, Pa., for appellant.

Edward Darling, Wilkes-Barre, Pa., for appellee.

Before BIGGS, Chief Judge, MARIS, Circuit Judge, and KRAFT, District Judge.


MARIS, Circuit Judge.

This is an appeal by the defendant from an order of the District Court for the Middle District of Pennsylvania striking the defendant's motion for a new trial in a suit in which a verdict and judgment thereon had been rendered in favor of the plaintiff. It appears that the judgment was entered on June 1, 1954 and that the defendant filed in the clerk's office on June 5, 1954 its motion for a new trial...

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