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THEILMANN v. RUTLAND HOSPITAL, INC.

No. 363, Docket 71-1865.

455 F.2d 853 (1972)

Herbert E. THEILMANN, Administrator of Herbert K. Theilmann, Appellant, v. The RUTLAND HOSPITAL, INC., and Dr. Donald D. Dingman, Appellees.

United States Court of Appeals, Second Circuit.

Decided February 2, 1972.

Attorney(s) appearing for the Case

Morton D. Shulman, Averill Park, N. Y., for appellant.

R. Joseph O'Rourke, Ryan, Smith & Carbine, Rutland, Vt., for appellee The Rutland Hospital, Inc.

Peter P. Plante, Black & Plante, White River Junction, Vt. (French & Miller, Rutland, Vt., of counsel), for appellee Dr. Donald D. Dingman.

Before FRIENDLY, Chief Judge, and MOORE and OAKES, Circuit Judges.

PER CURIAM:

Herbert E. Theilmann, Administrator, appeals from an order of May 19, 1971, dismissing his suit with prejudice for failure to prosecute, pursuant to Fed.R. Civ.P. 41(b). We affirm.

The action was initiated in March, 1969, based on alleged medical malpractice said to have occurred to appellant's father in Rutland, Vermont, in April, 1966. Three continuances were granted in 19701 and one was granted on January 11, 1971...

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