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DEEP SOUTH OIL CO. OF TEXAS v. METROPOLITAN LIFE INS. CO.

No. 45, Docket 27543.

310 F.2d 933 (1962)

DEEP SOUTH OIL COMPANY OF TEXAS, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Texas Gas Corporation, Texas Eastern Transmission Corporation, Russell M. Riggins, John L. Buvens, Frederick W. Ecker, Hugh McConnell and Harry C. Hagerty, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 2, 1962.

Attorney(s) appearing for the Case

Benjamin Heller, New York City (Harry H. Lipsig, New York City, on the brief), for appellant.

Roy W. McDonald of Donovan, Leisure, Newton & Irvin, New York City (George S. Leisure, Jr., Robert V. Dunn, New York City, of counsel, Leo T. Kissam and Michael W. Graney, of Kissam & Halpin, New York City, on the brief), for appellees.

Before WATERMAN, HAYS and MARSHALL, Circuit Judges.

PER CURIAM.

This action was filed on August 27, 1957.

On October 9, 1959 the case was called on the review calendar. Plaintiff did not appear. On the second call of the calendar defendants' counsel informed the court that he had learned by telephone that plaintiff's counsel would not be able to appear because of other commitments. Defendants moved to dismiss. The court denied the motion and set the matter again for the review calendar on October 22, 1959....

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