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WELSH v. AUTOMATIC POULTRY FEEDER COMPANY

No. 20454.

439 F.2d 95 (1971)

Howard WELSH and Carl Welsh, d/b/a Welsh Brothers, Appellants, v. AUTOMATIC POULTRY FEEDER COMPANY, a Michigan Corporation, DeWitt Industries, Inc., a Corporation, Big Dutchman, Inc., a Michigan Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

March 9, 1971.

Attorney(s) appearing for the Case

John F. Angell, Minneapolis, Minn., Mahoney, Dougherty, Angell & Mahoney, Richard P. Mahoney, Minneapolis, Minn., for appellants.

Greer E. Lockhart and Jon D. Jensvold, Minneapolis, Minn., for appellees; Richards, Montgomery, Cobb & Bassford, Minneapolis, Minn., of counsel.

Before GIBSON and BRIGHT, Circuit Judges, and McMANUS, Chief District Judge.

McMANUS, Chief District Judge.

This diversity action was dismissed below with prejudice1 for Appellants' repeated failure to comply with orders of court and their personal agreements with the court and opposing counsel. The question on appeal is whether that dismissal constituted an abuse of discretion. We affirm.

The relevant facts are that on February 27, 1969, Appellants filed their...

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