DYOTHERM CORPORATION v. TURBO MACHINE COMPANY

No. 16440.

392 F.2d 146 (1968)

DYOTHERM CORPORATION, Appellant, v. TURBO MACHINE COMPANY, Appellee.

United States Court of Appeals Third Circuit.

Decided March 14, 1968.


Attorney(s) appearing for the Case

Clive S. Cummis, Schiff, Cummis & Kent, Newark, N. J. (Gerald Span, Newark, N. J., on the brief) for appellant.

Robert B. Frailey, Paul & Paul, Philadelphia, Pa. (Henry N. Paul, Jr., Stuart S. Bowie, Philadelphia, Pa., on the brief), for appellee.

Before STALEY, Chief Judge, KALODNER, Circuit Judge, and SHERIDAN, District Judge.


OPINION OF THE COURT

SHERIDAN, District Judge.

This is an appeal from an order of the district court, entered November 22, 1966, dismissing the complaint of appellant, Dyotherm Corporation, for want of prosecution.1

On August 29, 1962, Dyotherm filed a complaint against appellee, Turbo Machine Company, alleging breach of an agreement entered into in 1957 in settlement of an action in which Dyotherm had accused Turbo of...

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