BARDIN v. MONDON

No. 99, Docket 27009.

298 F.2d 235 (1961)

Antoinette BARDIN and John Bardin, Plaintiffs-Appellants, v. Philip MONDON, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 26, 1961.


Attorney(s) appearing for the Case

Bernard Meyerson, Brooklyn, N. Y. and Bergman & Gruber, Forest Hills, N. Y., for appellants.

John G. Reilly, New York City (Reilly & Reilly and Michael J. Greene, New York City, of counsel), for appellee.

Before CLARK, FRIENDLY and KAUFMAN, Circuit Judges.


KAUFMAN, Circuit Judge.

The sole issue on appeal is whether Judge Dawson abused his discretion in dismissing under Rule 41(b), Fed.R. Civ.P., 28 U.S.C., with prejudice, an action brought by Antoinette and John Bardin against Philip Mondon to recover for personal injuries allegedly sustained through the latter's negligent operation of a motor vehicle. The dismissal resulted from the refusal of Bardin's counsel to proceed with trial as directed by the Court below.<...

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