BANGER v. PHILADELPHIA ELECTRIC CO.

No. 17946.

419 F.2d 1322 (1969)

Nathaniel BANGER v. PHILADELPHIA ELECTRIC CO., Edward E. Kelly, Ind. and t/a Thomas J. Kelly Sons and Cedarbrook Corporation, Defendants. PHILADELPHIA ELECTRIC COMPANY, Third-Party-Plaintiff, JAMES D. MORRISEY, INC., Third-Party-Defendant, Nathaniel Banger and His Attorneys, Benjamin Dresnin and Joseph V. Restifo, Appellants.

United States Court of Appeals Third Circuit.

Decided December 17, 1969.


Attorney(s) appearing for the Case

Joseph V. Restifo, Philadelphia, Pa., for appellants.

Louis C. Bechtle, U. S. Atty., Philadelphia, Pa., for appellee.

Before HASTIE, Chief Judge, and VAN DUSEN and ADAMS, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

The district court ordered the attorney for a plaintiff in a civil action to pay to the clerk of the court $250 as a penalty for what the court found to be inexcusable failure to file a pre-trial memorandum as required by a standing order of the court. The court characterized the lawyer's conduct as "inexcusably dilatory" and as disobedience of the standing order.

On April 9, 1969 the district court denied a motion...

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