United States Fidelity & Guaranty Co. v. Helm

The parties hereto filed a stipulation with the clerk of the court below, which provided: “It Is Stipulated that the above entitled action may be dropped from the trial calendar to be restored upon notice of motion to be served upon counsel for the parties.”

The opinion herein followed Dillon v. United States (C.C.A.9) 29 F.(2d) 246. In that case there was a stipulation which was not filed, and the clerk therefore had no notice of pending proceedings. That case, therefore, is not in point.

I believe Fidelity & Deposit Co. of Maryland v. MacGruer (C.C.A.9) 77 F.(2d) 83, to be directly in point.…