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DYOTHERM CORPORATION v. TURBO MACHINE COMPANY

No. 18823.

434 F.2d 65 (1970)

DYOTHERM CORPORATION, Appellant, v. TURBO MACHINE COMPANY.

United States Court of Appeals, Third Circuit.

Decided November 24, 1970.

Attorney(s) appearing for the Case

Norman N. Schiff, Newark, N. J., for appellant.

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

Before McLAUGHLIN, SEITZ and ALDISERT, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Plaintiff appeals an order of the district court, 48 F.R.D. 380, dismissing its complaint for lack of prosecution.

Defendant moves to dismiss the appeal on the ground that it is untimely. The district court's order was entered on December 29, 1969. No notice of appeal was filed within 30 days thereafter. However, within the succeeding 30 days plaintiff filed what amounted...

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