Opinion
No. 8728.
Argued April 2, 1945.
Decided August 20, 1945.
Appeal from the District Court of the United States for Middle District of Pennsylvania; Albert W. Johnson, Judge.
Action by Robert R. Davis, Jr., against Associated Indemnity Corporation, to recover from defendant, as insurer on an automobile liability policy, an amount equal to a judgment standing against the present plaintiff in an action arising out of an automobile accident, wherein the defendant brought in Willis F. Daniels as a third-party defendant. From a judgment, 56 F. Supp. 541, on the pleadings and dismissing third-party complaint on motion of third-party defendant for judgment on the pleadings, and to stay the proceedings, the defendant and third-party plaintiff appeal.
Appeal dismissed.
Douglass D. Storey, of Harrisburg, Pa. (Storey Bailey, of Harrisburg, Pa., on the brief), for appellants.
Elmer E. Harter, Jr., of Harrisburg, Pa. (Daniels Harter, of Harrisburg, Pa., on the brief), for appellee.
Before BIGGS, ALBERT LEE STEPHENS, and McLAUGHLIN, Circuit Judges.
In view of the stipulation filed by Davis, the original plaintiff, and by the original defendant and third-party plaintiff, Associated Indemnity Corporation, in the District Court of the United States for the Middle District of Pennsylvania, the appeal in this cause has become moot. Accordingly it will be dismissed.