BROWN v. O'LEARY

No. 74-4018 Summary Calendar.

512 F.2d 485 (1975)

George BROWN, Plaintiff-Appellant, v. Harlan E. O'LEARY, the First National Bank of Hereford, Hereford, Texas, and William P. Maroski, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 5, 1975.


Attorney(s) appearing for the Case

Robert Scogin, Kermit, Tex., for plaintiff-appellant.

Mitchell Esper, El Paso, Tex., for Wm. P. Maroski.

Glenn E. Woodard, El Paso, Tex., for Harlan O'Leary.

James W. Witherspoon, E. Hazen Woods, Jr., Hereford, Tex., for 1st Nat'l Bk. of Hereford.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


PER CURIAM:

This diversity damage suit was specially set for trial on June 17, 1974, before The Honorable Ernest Guinn. On June 9, 1974, Judge Guinn expired. The Clerk advised Scogin, counsel for plaintiff, that he would be notified of a new trial date. In mid-September, 1974, plaintiff's counsel learned by chance and later confirmed that the action had been dismissed sua sponte by the district court on July 31, 1974...

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