GARDEN HOMES v. MASON

No. 5262.

249 F.2d 71 (1957)

GARDEN HOMES, Inc., Plaintiff, Appellant, v. Norman P. MASON, Commissioner, Federal Housing Administration, Defendant, Appellee.

United States Court of Appeals First Circuit.

October 25, 1957.


Attorney(s) appearing for the Case

Angus M. MacNeil, Somerville, Mass., for appellant.

Paul A. Rinden, Asst. U. S. Atty., Concord, N. H., with whom Maurice P. Bois, U. S. Atty., Concord, N. H., was on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


MAGRUDER, Chief Judge.

This appeal is taken from a judgment of the United States District Court for the District of New Hampshire, entered upon motion of defendant, ordering the dismissal of a complaint with prejudice. Under Rule 41(b), Fed.Rules Civ. Proc. 28 U.S.C.A., dealing with involuntary dismissal upon motion for failure of the plaintiff to prosecute, it is provided: "Unless the court in its order for dismissal otherwise...

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