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DURHAM v. FLORIDA EAST COAST RAILWAY COMPANY

No. 24541.

385 F.2d 366 (1967)

Clayton E. DURHAM, Appellant, v. FLORIDA EAST COAST RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

October 31, 1967.

Attorney(s) appearing for the Case

Larry Klein, Miller, Cone, Owen, Wagner, Nugent & Johnson, West Palm Beach, Fla., for appellant.

H.T. Cook, St. Augustine, Fla., Kenneth L. Ryskamp, Bolles, Goodwin & Ryskamp, Miami, Fla., for appellee.

Before TUTTLE and WISDOM, Circuit Judges, and HEEBE, District Judge.

WISDOM, Circuit Judge:

The plaintiff appeals from a judgment dismissing the complaint with prejudice. The effect of the dismissal was to visit the sins of the lawyer upon his client. In certain cases when a plaintiff has failed to prosecute his action or his attorney has failed to comply with the rules or orders of court, dismissal of the complaint with prejudice is an appropriate exercise of the judicial discretion to dismiss authorized in F.R.Civ.P. 41. We have...

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