JAMES GORDON PENN, PLAINTIFF-APPELLANT,
v.
CLARA RINALDI, DOING BUSINESS UNDER THE FIRM NAME AND STYLE OF QUEENS TRUCK RENTAL, DEFENDANT, AND MACK TRUCKS INC., DEFENDANT-APPELLEE

2d Cir. | 1963-10-01
Nos. 9, Docket 28122
323 F.2d 913 United States Court of Appeals for the Second Circuit (1963) Positive Treatment
Cited by 29 cases

Opinion of the Court
PER CURIAM.

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)


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (26 total)

Previewing 3 of 26 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw