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GLO CO. v. MURCHISON AND COMPANY

No. 16236.

397 F.2d 928 (1967)

GLO CO., an Illinois Corporation, Appellant, v. MURCHISON AND COMPANY, a Delaware Corporation, Barnsdall Oil Company, a Delaware Corporation and Sunray DX Oil Company, a Delaware Corporation.

United States Court of Appeals Third Circuit.

Decided December 20, 1967.

On Rehearing March 20, 1968.

Certiorari Denied November 12, 1968.

Attorney(s) appearing for the Case

Thomas Hart Fisher, Chicago, Ill., for appellant.

William S. Megonigal, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for appellee, Murchison and Co.

E. Norman Veasey, Richards, Layton & Finger, Wilmington, Del. (Robert H. Richards, Jr., Wilmington, Del., on the brief), for appellee, Sunray DX Oil Co.

Before SMITH and FREEDMAN, Circuit Judges, and WORTENDYKE, District Judge.

Certiorari Denied November 12, 1968. See 89 S.Ct. 290.

OPINION OF THE COURT

PER CURIAM.

This is an appeal from orders of the United States District Court for the District of Delaware dismissing an action to enforce plaintiff's rights under contracts made with defendants. The order of dismissal for failure to prosecute was based upon the court's own motion under Civil Rule 12 of the United States District Court for the District of Delaware.

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