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GRUNEWALD v. MISSOURI PACIFIC RAILROAD COMPANY

No. 17518.

331 F.2d 983 (1964)

Christine M. GRUNEWALD, individually and as Executrix of the Will of Henry W. Grunewald, Deceased, Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, a Missouri Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

May 22, 1964.

Attorney(s) appearing for the Case

Francis C. Pilkerton, Hyattsville, Md., Oliver C. Sard, Hyattsville, Md., and Lloyd L. Schainker, St. Louis, Mo., for appellant.

Robert W. Yost, St. Louis, Mo., M. M. Hennelly, St. Louis, Mo., for appellee.

Before VOGEL, MATTHES and BLACKMUN, Circuit Judges.

BLACKMUN, Circuit Judge.

The district court dismissed this diversity action with prejudice for failure to prosecute. The question before us is whether that dismissal constituted an abuse of the court's discretion.

The plaintiff-appellant, acting individually and as executrix of the will of Henry W. Grunewald, her deceased husband, joined with the sole legatee and the executors of the will of Owen Brewster, deceased, a former United States Senator from the...

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