Eric J. Schmidt, an Individual, and v. Wallenius Line, a Corporation, Fred F. Noonan Company, Inc., a Corporation, And

Ninth Circuit

Eric J. Schmidt, an Individual, and v. Wallenius Line, a Corporation, Fred F. Noonan Company, Inc., a Corporation, And

455 F.2d 1088

Court of Appeals for the Ninth Circuit·Decided February 15, 1972·No. 25674·Published

Opinion

455 F.2d 1088

Eric J. SCHMIDT, an individual, Plaintiff and Appellant,
v.
WALLENIUS LINE, a corporation, Fred F. Noonan Company, Inc.,
a corporation, Defendants and Appellees.

No. 25674.

United States Court of Appeals,
Ninth Circuit.

Feb. 15, 1972.

Ernest M. Thayer (argued), San Francisco, Cal., for plaintiff-appellant.

Richard E. Gutting, Jr. (argued), Gilbert C. Wheat, of Lillick, McHose, Wheat, Adams & Charles, San Francisco, Cal., for defendants-appellees.

Before CHAMBERS, Circuit Judge, MADDEN,* Judge of the United States Court of Claims, and TRASK, Circuit Judge.

PER CURIAM:

The order dismissing for want of diligent prosecution is affirmed. The trial court has a broad discretion in such matters and we cannot say its action was clearly erroneous.

*

J. Warren Madden, Senior Judge of the United States Court of Claims, sitting by designation

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455 F.2d 1088

Eric J. SCHMIDT, an individual, Plaintiff and Appellant,
v.
WALLENIUS LINE, a corporation, Fred F. Noonan Company, Inc.,
a corporation, Defendants and Appellees.

No. 25674.

United States Court of Appeals,
Ninth Circuit.

Feb. 15, 1972.

Ernest M. Thayer (argued), San Francisco, Cal., for plaintiff-appellant.

Richard E. Gutting, Jr. (argued), Gilbert C. Wheat, of Lillick, McHose, Wheat, Adams & Charles, San Francisco, Cal., for defendants-appellees.

Before CHAMBERS, Circuit Judge, MADDEN,* Judge of the United States Court of Claims, and TRASK, Circuit Judge.

PER CURIAM:

The order dismissing for want of diligent prosecution is affirmed. The trial court has a broad discretion in such matters and we cannot say its action was clearly erroneous.

*

J. Warren Madden, Senior Judge of the United States Court of Claims, sitting by designation

Eric J. Schmidt, an Individual, and v. Wallenius Line, a Corporation, Fred F. Noonan Company, Inc., a Corporation, And, 455 F.2d 1088 (9th Cir. 1972).

Pincite

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