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FANTECCHI v. GROSS

No. 12539.

255 F.2d 299 (1958)

Mario FANTECCHI, Appellant v. Richard E. GROSS and Peggy Lou Gross.

United States Court of Appeals Third Circuit.

Decided May 20, 1958.

Attorney(s) appearing for the Case

Avram G. Adler, Philadelphia, Pa. (Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellant.

Charles F. G. Smith, Philadelphia, Pa. (John E. Slike, Camp Hill, Pa., Ambler & Detweiler, Philadelphia, Pa., on the brief), for appellees.

Before MARIS, KALODNER, and STALEY, Circuit Judges.

PER CURIAM.

This is an appeal by the plaintiff in an action for damages resulting from a motor vehicle collision, from an order of the district court refusing to enjoin the prosecution by the defendants against the plaintiff in the Court of Common Pleas of Cumberland County, Pennsylvania, of a suit for damages growing out of the same accident. It was the plaintiff's contention that this should have been asserted as a compulsory counter-claim in the present action...

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