WESTERN AUTO SUPPLY CO. v. ANDERSON

No. 79-1482.

610 F.2d 1126 (1979)

WESTERN AUTO SUPPLY COMPANY, Appellant, v. Carl E. ANDERSON, Appellee. (D.C. Civil No. 76-0919)

United States Court of Appeals, Third Circuit.

Decided November 27, 1979.

As Amended December 11, 1979.


Attorney(s) appearing for the Case

Charles R. Taylor, Jr., P. Jerome Richey, Moorhead & Knox, Pittsburgh, Pa., for appellant.

P. Christian Hague, Meyer, Unkovic & Scott, Pittsburgh, Pa., for appellee.

Before GIBBONS, HIGGINBOTHAM and SLOVITER, Circuit Judges.


Submitted Under Third Circuit Rule 12(6) November 13, 1979.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This case is an appeal pursuant to 28 U.S.C. § 1291 (1976) from a final judgment of involuntary dismissal under Rule 41(b) of the Federal Rules of Civil Procedure. We reverse that judgment and remand for further proceedings.

In 1975, Jemdec, Inc. (Jemdec) and Western Auto Supply (Western) filed suits against each other in a Pennsylvania...

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