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
JAMES GORDON PENN, PLAINTIFF-APPELLANT,
CLARA RINALDI, DOING BUSINESS UNDER THE FIRM NAME AND STYLE OF QUEENS TRUCK RENTAL, DEFENDANT, AND MACK TRUCKS INC., DEFENDANT-APPELLEE
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.
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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Woodward v. Commissioner of Internal Revenue, 397 U.S. 572 (U.S. 1970)
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La Societe Anonyme des Parfums LE Galion v. Jean Patou, Inc., 495 F.2d 1265 (2d Cir. 1974)
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Iowa S. Utils. Co. v. Commissioner OF Internal Revenue, 333 F.2d 382 (8th Cir. 1964)
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- Kern v. Hettinger, 303 F.2d 333 (2d Cir. 1962)