THORN v. HARRISBURG TRUST COMPANY

No. 14568.

330 F.2d 3 (1964)

Grant THORN, Genevieve U. Thorn; Grant Thorn, Genevieve U. Thorn and Samuel Uhlfelder, Directors in Trust for Stockholders, Members and Creditors of Eastern Tar Products Corporation; Grant Thorn, Genevieve U. Thorn and Samuel Uhlfelder, Directors in Trust for Stockholders, Members and Creditors of Eastern Road Materials Corporation, Appellants, v. HARRISBURG TRUST COMPANY.

United States Court of Appeals Third Circuit.

Decided April 8, 1964.


Attorney(s) appearing for the Case

Harry S. Shapiro, Baltimore, Md., for appellants.

Francis B. Haas, Jr., Harrisburg, Pa., for appellee.

Before McLAUGHLIN, GANEY and SMITH, Circuit Judges.


PER CURIAM.

The first suit in this matter was filed September 20, 1955. Plaintiffs took no further steps concerning it for nearly four years and on June 17, 1959 it was dismissed for lack of prosecution. On September 30, 1958, just prior to the expiration of the applicable statute of limitations, the present action was filed. This sets out substantially the same cause as did the original complaint. After answer, plaintiffs made no move until May 17, 1960, when they...

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