Robert E. Hooper v. Chrysler Motors Corporation

325 F.2d 321
Court of Appeals for the Fifth Circuit·Decided January 9, 1964·No. 20315·Published·Cited by 5 cases

Opinion

PER CURIAM.

Appellant’s case was dismissed with prejudice by the District Court when he declined to go to trial after denial of his motion for continuance. No abuse of discretion appears either with respect to the denial of the motion for continuance, or the dismissal. Rule 41(b), F.R. Civ.P.; Joseph v. Norton Co., 2 Cir., 1959, 273 F.2d 65; and Girard Trust Co. v. Amsterdam, 5 Cir., 1942, 128 F.2d 376.

It follows that the judgment appealed from must be, and is affirmed.

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Robert E. Hooper v. Chrysler Motors Corporation, 325 F.2d 321 (5th Cir. 1964).

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