United States Fidelity & Guaranty Co. v. Helm

DENMAN, Circuit Judge.

This is an appeal from an order vacating an order of dismissal of a complaint stating a cause of action against the United States Fidelity & Guaranty Company on its automobile liability and property damage insurance policy, pursuant to which certain obligations for injuries to plaintiff’s person and property had been incurred by the defendant. This dismissal was made by the court on its own motion under rule 38 of the District Court for the *547Northern District of California, reading as follows:

“Rule 38. — Dismissal for Want of Prosecution Generally.

“Causes, which have been…