Penn v. Rinaldi

Second Circuit

Penn v. Rinaldi

323 F.2d 913

CourtCourt of Appeals for the Second Circuit

DecidedOctober 1, 1963

DocketNo. 9, Docket 28122

StatusPublished

Cited by2 cases

This text of 323 F.2d 913 (Penn v. Rinaldi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Penn v. Rinaldi, 323 F.2d 913 (2d Cir. 1963).

Pincite

Opinion

PER CURIAM.

In open court we affirm the judgments of the District Court for the Southern District of New York which dismissed the complaint against the defendants Clara Rinaldi, doing business under the firm name and style of Queens Truck Rental, and against Mack Trucks, Inc. because of a prior judgment dismissing a similar complaint pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. The effect of such a dismissal, prescribed by the Rule itself, is a matter of federal law, Kern v. Hettinger, 303 F.2d 333 (2 Cir., 1962)

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PER CURIAM.

In open court we affirm the judgments of the District Court for the Southern District of New York which dismissed the complaint against the defendants Clara Rinaldi, doing business under the firm name and style of Queens Truck Rental, and against Mack Trucks, Inc. because of a prior judgment dismissing a similar complaint pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. The effect of such a dismissal, prescribed by the Rule itself, is a matter of federal law, Kern v. Hettinger, 303 F.2d 333 (2 Cir., 1962)

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Bluebook (online)

323 F.2d 913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penn-v-rinaldi-ca2-1963.

Opinion

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