Sanderson v. Postal Life Ins. Co‪.‬

On Motion to Modify Order. Per Curiam Appellant has now asked that the order of remand accord her the right to transfer the cause to the law docket and to recast her pleading in the court below. This request, while made rather late in the proceedings, is supported by the spirit of Equity Rule 22 (28 USCA § 723) and the decided cases. Universal Rim Co. v. General Motors Corp. (C.C.A. 6) 31 F.2d 969; Diamond Alkali Co. v. P. C. Tomson & Co. (C.C.A. 3) 35 F.2d 117; Pathe Exchange v. Dalke (C.C.A. 4) 49 F.2d 161; Central Florida Lumber Co. v. Taylor-Moore Syndicate (C.C.A. 5) 51 F.2d 1. The request is granted, and the cause remanded with permission to transfer the cause to the law docket, to file an amended complaint, and for such further proceedings as may follow.