U.S. Court of Appeals for the Second Circuit, 1960

Levine v. Colgate-Palmolive Co.

U.S. Court of Appeals for the Second Circuit · Decided October 21, 1960

283 F.2d 532 (Federal Reporter, Second Series)

Counsel

Harry Levine, plaintiff-appellant, pro se., James B. Henry, Jr., New York City (William Jannen, Jr., and Cahill, Gordon, Reindel & Ohl, New York City), for defendant-appellee.

Cases that cite this one

3 later published cases cite this decision.

Dabney v. Burrell (District Court, D. Maryland 1975)
Samber v. Chris Berg, Inc. (Alaska 1964)
Antoinette Bardin and John Bardin v. Philip Mondon (2d Cir. 1961)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Judge Dawson had ample discretion to dismiss plaintiff’s action when plaintiff did not appear for trial at the time previously set in pre-trial conference. F.R.Civ.P. 41(b); Joseph v. Norton Co., 2 Cir., 273 F.2d 65. Additionally the disclosures at the conference showed that plaintiff had no claim; the advertising “plan” which he volunteered to send the defendant contained nothing which was not common knowledge. Soule v. Bon Ami Co., 201 App.Div. 794,195 N. Y.S. 574, affirmed 235 N.Y. 609, 139 N.E. 754; Masline v. New York, N. H. & H. R. Co., 95 Conn. 702, 112 A. 639.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.