BIRDSONG v. UNITED STATES

No. 16110.

262 F.2d 105 (1958)

Jerry Lee BIRDSONG and Dennis Birdsong, by and through their guardian ad litem, Ora Mae Birdsong, and Ora Mae Birdsong, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

December 17, 1958.


Attorney(s) appearing for the Case

Kaiser & O'Neil, Jeremiah F. O'Neill, Jr., Oakland, Cal., for appellants.

Robert H. Schnacke, U. S. Atty., Frederick J. Woelflen, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before POPE, HAMLIN and JERTBERG, Circuit Judges.


PER CURIAM.

The District Court dismissed the above action pursuant to Rule 14 of the Rules of Practice of the United States District Court, Northern District of California, West's Ann.Code, for lack of prosecution. The Rule provides that the court may dismiss an action pending in which no steps have been taken for six months. It is undisputed that inaction by the plaintiffs extended over the prescribed period. The record discloses that the trial court carefully considered...

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