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SMITH-WEIK MACHINERY CORP. v. MURDOCK MACH. & ENG. CO.

No. 27950.

423 F.2d 842 (1970)

SMITH-WEIK MACHINERY CORPORATION, etc., et al., Plaintiffs-Appellees, v. MURDOCK MACHINE AND ENGINEERING CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 30, 1970.

Attorney(s) appearing for the Case

A. F. Ringold, Tulsa, Okl., Gerald R. Coplin, Dallas, Tex., for defendant-appellant.

William E. Bartley, San Bernardino, Cal., James L. McNees, Jr., Dallas, Tex., for plaintiffs-appellees.

Before WISDOM, GOLDBERG and INGRAHAM, Circuit Judges.

WISDOM, Circuit Judge.

We reverse and remand for failure of the trial court to grant the defendant's motion for a continuance based on the illness of defendant's principal counsel.1

"Abuse of judicial discretion" as the basis for reversal of a trial court's judgment has more bark than bite — in terms of the reviewing court's assessment of the trial judge's exercise of discretion...

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