HUBBARD v. BALTIMORE AND OHIO RAILROAD COMPANY

No. 13223.

249 F.2d 885 (1957)

Keith L. HUBBARD, Appellant, v. The BALTIMORE AND OHIO RAILROAD COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

December 16, 1957.


Attorney(s) appearing for the Case

Frank Leonetti, Cleveland, Ohio, for appellant.

Alexander H. Hadden, Cleveland, Ohio (Baker, Hostetler & Patterson, Cleveland, Ohio, on the brief), for appellee.

Before ALLEN and STEWART, Circuit Judges, and BOYD, District Judge.


PER CURIAM.

This appeal involves the issue of whether the District Judge abused his judicial discretion in refusing to reinstate plaintiff's suit for damages under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., after having approximately six months earlier dismissed same because of plaintiff's willful failure to submit himself as a witness in compliance with the Federal Rules of Civil Procedure, 28 U.S.C.A.

Rule 37(d) authorizes dismissal...

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