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VON POPPENHEIM v. PORTLAND BOXING & WRESTLING COM'N

No. 23846.

442 F.2d 1047 (1971)

Kurt VON POPPENHEIM, Appellant, v. PORTLAND BOXING & WRESTLING COMMISSION et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 9, 1971.

Attorney(s) appearing for the Case

Adelbert G. Clostermann (argued), Portland, Or., for appellant.

Emory Crofoot (argued), Deputy City Atty., Marion Rushing, City Atty., Portland, Or., John R. Gilbertson (argued), Miles Sweeney, of White, Sutherland & Gilbertson, Portland, Or., Richard Muller (argued), Portland, Or., for appellees.

Before HAMLEY and WRIGHT, Circuit Judges, and LINDBERG, District Judge.

LINDBERG, District Judge:

This appeal concerns that portion of Rule 41(b) of the Federal Rules of Civil Procedure that authorizes the court to dismiss a plaintiff's action with prejudice for his failure to comply with an order of the court. The appeal is properly before us pursuant to 28 U.S.C. § 1291.

Plaintiff Kurt von Poppenheim is a professional wrestler from Portland, Oregon. Defendants are the Portland Boxing & Wrestling Commission, the individual...

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