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WEBSTER MOTOR CAR COMPANY v. ZELL MOTOR CAR COMPANY

No. 7169.

234 F.2d 616 (1956)

The WEBSTER MOTOR CAR COMPANY and Richard C. Webster, Appellants, v. ZELL MOTOR CAR COMPANY, Sidney Zell, O. Englar Gilbert, J. Jackson Smith, G. Dale Proctor, Joseph Janin, individually and as agents of the Zell Motor Car Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 5, 1956.

Attorney(s) appearing for the Case

Donald D. Webster, Baltimore, Md. (William E. Leahy and Wm. J. Hughes, Jr., Washington, D. C., on brief), for appellants.

John Henry Lewin, Baltimore, Md. (David C. Green and Venable, Baetjer & Howard, Baltimore, Md., on brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal from an order dismissing an action with prejudice following an interlocutory order theretofore entered by consent of parties providing for dismissal. Appellants contend that the dismissal with prejudice was not authorized by the interlocutory order as of the time such dismissal was entered, and that, if the order be construed as authorizing it at that time, circumstances had arisen since the entry of the interlocutory order rendering...

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