Fidelity Philadelphia Trust Company v. Pioche Mines Consolidated, Inc.

MUECKE, District Judge:

This appeal involves a counterclaim filed by appellant, Pioche, against appellee, Fidelity, which was originally filed in 1940 and has been pending in its final form since 1956. That counterclaim was dismissed by order of the district court, and it is from that order that this appeal arises.

Fidelity filed their first motion to dismiss the counterclaim November 1, 1960 alleging lack of prosecution as four and one-half years had passed since the filing of the final form of counterclaim. That motion was denied on June 5, 1961. A pretrial conference was held the next day at…