ROBERT E. HOOPER, APPELLANT,
v.
CHRYSLER MOTORS CORPORATION, APPELLEE

5th Cir. | 1963-11-21
No. 20315
325 F.2d 321 Court of Appeals for the Fifth Circuit (1963) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

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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