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SCHWARZ v. UNITED STATES

No. 46, Docket 31374.

384 F.2d 833 (1967)

Joseph SCHWARZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 8, 1967.

Attorney(s) appearing for the Case

James Dempsey, White Plains, N. Y., for plaintiff-appellant.

Martin Paul Solomon, Asst. U. S. Atty., So. Dist. New York (Robert M. Morgenthau, U. S. Atty., and Lawrence W. Shilling, Asst. U. S. Atty., on the brief), for defendant-appellee.

Before MOORE, SMITH and KAUFMAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Thomas F. Murphy, Judge, filed March 14, 1967, dismissing the plaintiff's complaint pursuant to Rule 41(b), Fed.Rules of Civ. Procedure, for failure to prosecute; from an order filed March 17, 1967, denying plaintiff's motion for an order pursuant to Rule 60(b), Fed.Rules of Civ.Procedure, vacating the judgment of dismissal;...

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