Fred Hollenback v. California Western Railroad, a Corporation
This text of 465 F.2d 122 (Fred Hollenback v. California Western Railroad, a Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Plaintiff appeals from an order pursuant to Fed.R.Civ.P. 41(b) dismissing his F.E.L.A. action for want of prosecution.
The action was filed September 19, 1966, three years after the alleged injury. After some discovery in August 1967, the file shows no activity until the court on its own motion called the case for dismissal in October 1969. The defendant then moved for dismissal. When the plaintiff furnished the court no valid reason for keeping the case alive, it was dismissed February 18, 1970. Nothing appears in the record to suggest that the district judge abused his discretion.
Affirmed.
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465 F.2d 122, 1972 U.S. App. LEXIS 8182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fred-hollenback-v-california-western-railroad-a-corporation-ca9-1972.