RINIERI v. NEWS SYNDICATE CO.

No. 98, Dockets 31547, 31578.

385 F.2d 818 (1967)

Antoine B. RINIERI, Appellee, v. NEWS SYNDICATE CO., Inc., Appellant. NEWS SYNDICATE CO., Inc., Petitioner, v. Antoine B. RINIERI, Respondent, and Honorable Sidney Sugarman, Chief Judge, United States District Court for the Southern District of New York, Nominal Respondent.

United States Court of Appeals Second Circuit.

Decided November 15, 1967.


Attorney(s) appearing for the Case

C. Joseph Hallinan, Jr., New York City (Joy & Hallinan, New York City, of counsel), for appellee.

Richard J. Barnes, New York City (Townley, Updike, Carter & Rodgers, James W. Rodgers, Anson M. Keller, New York City, of counsel), for appellant.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

The question we are called upon to decide is whether Antoine B. Rinieri should have been permitted to have his libel action against the News Syndicate Co., Inc. [News] reinstated almost two and a half years after it was ordered dismissed for lack of prosecution.1 Judge Sugarman after first refusing to set aside the order of dismissal, on reargument granted Rinieri's application

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