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L. P. STEUART, INC. v. MATTHEWS

No. 17504.

329 F.2d 234 (1964)

L. P. STEUART, INC., Appellant, v. Joseph H. MATTHEWS, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 16, 1964.

Petition for Rehearing Denied March 9, 1964.

Attorney(s) appearing for the Case

Mr. Joseph S. McCarthy, Washington, D. C., with whom Mr. Joseph P. Clancy, Washington, D. C., was on the brief, for appellant.

Mr. Joseph D. Bulman, Silver Springs, Md., with whom Messrs. Sidney M. Goldstein, Arthur S. Feld and Roscoe A. Faretta, Washington, D. C., were on the brief, for appellee.

Before EDGERTON and PRETTYMAN, Senior Circuit Judges, and WILBUR K. MILLER, Circuit Judge.

Petition for Rehearing En Banc Denied March 9, 1964.

EDGERTON, Senior Circuit Judge.

Appellee Matthews was injured on February 7, 1957, by a car driven by an employee of appellant L. P. Steuart, Inc. On February 5, 1960, two days before the statute of limitations would have barred his claim, Matthews filed suit. On October 19, 1960, the complaint was dismissed without prejudice, after notice to his then counsel, for failure to prosecute. Two years later, on...

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