DEWEY v. FARCHONE

No. 71-1450.

460 F.2d 1338 (1972)

Wilbur DEWEY et al., Plaintiffs-Appellants, v. Roland FARCHONE et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

May 3, 1972.


Attorney(s) appearing for the Case

Harold G. Lindholm, Peoria, Ill., Mills & Lange, St. Louis, Mo., for plaintiffs-appellants.

William J. Voelker, Jr., Stephen S. Buckley, Heyl, Royster, Voelker & Allen, Peoria, Ill., for defendants-appellees.

Before PELL and SPRECHER, Circuit Judges, and DILLIN, District Judge.


PER CURIAM.

This diversity case questions the propriety of dismissing with prejudice a personal injury claim where the plaintiffs failed to obtain service reasonably diligently upon the only defendant served. In its fruitless and nomadic career, this cause has wandered through three federal districts.

On January 28, 1968, on U.S. Route 66 in Livingston County, Illinois, an automobile carrying the three plaintiffs collided with a truck driven by one defendant...

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