McLeod v. Mershon

PHILLIP GOLDMAN, Circuit Judge.

This cause came on to be heard upon the defendant’s motion for decree on bill and answer, served and filed herein October 11, 1961, the plaintiffs’ motion for extension of time for taking testimony and motion to strike defendant’s motion for decree on bill and answer, served and filed herein October 30, 1961.

The court having heard argument, examined the record and briefs submitted on request, and being fully advised in the premises, finds — that this cause has not been set for trial by the court; that the court has not entered an order fixing the time within…