Opinion
No. 9236.
Argued February 4, 1947.
Decided March 21, 1947.
Appeal from the District Court of the United States for the Middle District of Pennsylvania; Albert L. Watson, Judge.
Ida M. Picking, of Baltimore, Md., for appellants.
Spencer G. Nauman, of Harrisburg, Pa., for appellees.
Before BIGGS, GOODRICH, and McLAUGHLIN, Circuit Judges.
Assuming arguendo that the appeal at bar was taken within the period prescribed by the statute, a question which we do not decide, we are of the opinion none the less that the court below committed no error in dismissing the plaintiffs' motion to vacate the order of dismissal as to The Pennsylvania Railroad Company filed June 1, 1946. 66 F. Supp. 233. Accordingly the order appealed from will be affirmed.