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WRS, INC. v. PLAZA ENTERTAINMENT, INC.

No. 03-4094.

402 F.3d 424 (2005)

WRS, INC., d/b/a WRS Motion Picture Laboratories, a corporation, Appellant v. PLAZA ENTERTAINMENT, INC., a corporation; Eric Parkinson, an individual; Charles von Bernuth; John Herklotz, an individual.

United States Court of Appeals, Third Circuit.

Filed April 4, 2005.

Attorney(s) appearing for the Case

Thomas E. Reilly (Argued), Pittsburgh, PA, for Appellant.

John W. Gibson, Pittsburgh, PA, for Appellees, Plaza Entertainment, Inc. Eric Parkinson and Charles von Bernuth.

John P. Sieminski, Richard A. O'Halloran (Argued), Burns, White & Hickton, Pittsburgh, PA, for Appellee, John Herklotz.

Before SLOVITER, VAN ANTWERPEN, and COWEN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

WRS, Inc. appeals from an order of the District Court entered September 15, 2003 denying its Motion to Reopen. The District Court held that the case had already been dismissed without prejudice and that WRS must file a new action against defendants to pursue the claims asserted in its original complaint. It appears that both parties and the District Court were...

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