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SLUMBERTOGS, INC. v. JIGGS, INC.

No. 130, Docket 29788.

353 F.2d 720 (1965)

SLUMBERTOGS, INC., Appellee, v. JIGGS, INC., Philip Levine and Phyllis Levine, Appellants. (Action No. 1.) Joseph LEVY, Irene Levy and I. E. Incorporated, Appellants, v. SLUMBERTOGS, INC., Herbert B. Levenson and "Juli" Levenson, Appellees. (Action No. 2.) JIGGS, INC., Philip Levine and Phyllis Levine, Appellants, v. Herbert B. LEVENSON and "Juli" Levenson, Appellees. (Action No. 3.)

United States Court of Appeals Second Circuit.

Decided December 7, 1965.

Attorney(s) appearing for the Case

Maximilian Bader, New York City (Bader & Bader, New York City, on the brief, Samuel Gutterman, New York City, of counsel), for appellants.

Milton Mound, New York City (Mound, Isaacs & Greenburg, New York City, on the brief, Henry A. Greenburg, New York City, of counsel), for appellees.

Before WATERMAN and MOORE, Circuit Judges, and TYLER, District Judge.

PER CURIAM:

Beyond a peradventure, Chief Judge Ryan acted well within the limits of sound discretion in issuing his order filed May 4, 1965 wherein he refused to vacate the judgments of dismissal entered against plaintiffs-appellants in these consolidated actions on April 26, 1965. In view of the dilatory and contumacious conduct of plaintiffs and their counsel in virtual defiance of the rules and orders of at least six judges in the district court, the sanction of...

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