U.S. Court of Appeals for the Fifth Circuit, 1964

Robert E. Hooper v. Chrysler Motors Corporation

U.S. Court of Appeals for the Fifth Circuit · Decided January 9, 1964 · Brown, Wisdom, Bell

325 F.2d 321 (Federal Reporter, Second Series)

Counsel

Albert Smith, Lubbock, Tex., for appellant., Geo. W. McCleskey, Lubbock, Tex., Keith A. Jenkins, Detroit, Mich., David W. Kendall, Washington, D. C., and Nelson, McCleskey & Harriger, Lubbock, Tex., for appellee.

Cases that cite this one

4 later published cases cite this decision.

Lewis v. Rawson (2d Cir. 2009)
Richardson v. Lane (Haw. Ct. App. 1987)
Howard Welsh v. Automatic Poultry Feeder Company (8th Cir. 1971)
Welsh v. Automatic Poultry Feeder Co. (8th Cir. 1971)

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

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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