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McCARGO v. HEDRICK

No. 76-1194.

545 F.2d 393 (1976)

Pauline McCARGO, Appellant, v. Oley G. HEDRICK et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 22, 1976.

Rehearing and Rehearing Denied January 11, 1977.

Attorney(s) appearing for the Case

Douglas E. Bywater, Vienna, Va. (Duvall, Tate, Bywater & Davis, Vienna, Va., on brief), for appellant.

Samuel D. Engle, Jr., Leesburg, Va., Philip D. Gaujot, Charleston, W. Va. (Robert T. Mitchell, Jr., Hall, Monahan, Engle, Mahan & Mitchell, Leesburg, Va., on brief), for appellees.

Before CRAVEN and BUTZNER, Circuit Judges, and FIELD, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 11, 1977.

CRAVEN, Circuit Judge:

This is an appeal by Pauline McCargo from the district court's sua sponte dismissal of her consolidated actions for failure to prosecute. For the reasons stated below, we reverse.

I.

McCargo's suits against Hedrick, Buch, and Green were consolidated in the Northern District of West Virginia on January 19, 1973.1 Both suits claim that...

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