SLEEK v. PENNEY COMPANY

No. 13456.

292 F.2d 256 (1961)

Josephine Ann SLEEK, Appellant v. J. C. PENNEY COMPANY, Inc.

United States Court of Appeals Third Circuit.

Decided June 27, 1961.


Attorney(s) appearing for the Case

Charles Alan Wright, Austin, Tex. (James E. McLaughlin, McArdle, Harrington & McLaughlin, Pittsburgh, Pa., on the brief), for appellant.

Bruce R. Martin, Pittsburgh, Pa. (Pringle, Bredin & Martin, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

On March 3, 1960, the District Court entered a default order dismissing this personal injury action with prejudice because of the failure of the appellant, plaintiff below, to file her Pre-trial Statement within the time prescribed by the court in the last of a series of orders. On April 2, 1960, appellant filed a motion under Rule 60(b), Federal Rules of Civil Procedure, 28 U.S.C., to set aside the dismissal on the ground that default had resulted...

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