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MUHS v. ACME-HAMILTON MANUFACTURING COMPANY

No. 14435.

319 F.2d 843 (1963)

Stanley MUHS, Clarence Vorse, Manuel Burk, Sophia Zaborniak, Theodore Stine, Joseph Guagliardo, John Tracey, Joseph Bystrzycki, Sr., and Frank Muscato, Plaintiffs-Appellants, v. ACME-HAMILTON MANUFACTURING COMPANY, International Union of United Rubber, Cork, Linoleum & Plastic Workers of America, Local 95 U R C L & P Workers of America, Local 206 U R C L & P Workers of America, Defendants.

United States Court of Appeals Third Circuit.

Decided July 11, 1963.

Attorney(s) appearing for the Case

Theodore G. Fitzgeorge, Trenton, N. J., for appellants.

John W. Devine, Trenton, N. J., for appellee Acme-Hamilton Mfg. Co.

Samuel L. Rothbard, Newark, N. J., for appellees International Union and Local 95.

Before McLAUGHLIN and FORMAN, Circuit Judges, and COOLAHAN, District Judge.

ORDER.

On December 6, 1962 the district judge, finding that the necessary diversity of citizenship was lacking between the parties to this litigation, dismissed this suit for lack of jurisdiction. On January 3, 1963 plaintiffs filed a notice of motion for relief under F.R.Civ.P. 60(b) (5) from the order dismissing the complaint. On March 20, 1963 that motion was dismissed for lack of prosecution.1 On the same day a notice of appeal was...

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