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JOSEPH v. NORTON COMPANY

No. 110, Docket 25791.

273 F.2d 65 (1959)

Ruby JOSEPH, Plaintiff-Appellant, v. NORTON COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 29, 1959.

Attorney(s) appearing for the Case

Bernard Friedman, New York City (Lawrence G. Greene, New York City, on the brief), for plaintiff-appellant.

Thomas F. Keane, Brooklyn, N. Y. (Albert P. Thill, Brooklyn, N. Y., on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and SWAN and FRIENDLY, Circuit Judges.

LUMBARD, Chief Judge.

The question for decision is whether Judge Dawson abused his discretion in dismissing with prejudice under Rule 41 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., the plaintiff's suit for damages when plaintiff's trial counsel refused to proceed with the trial of the case because of the illness of the attorney of record who had assisted in the preparation of the case. We find Judge Dawson's action fully justified under the circumstances...

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