WOODROUGH, Circuit Judge.
The plaintiff in the court below prosecutes this appeal from dismissal of his action for failure to prosecute.
The suit was commenced on June 6, 1932, and had been pending in the court without being brought to trial for about nine years when the court dismissed it in May, 1941. On February 6, 1941, the court ordered it to be set down for trial May 12, 1941, and counsel were advised that it would be called for trial on that day. When...
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