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SCARVER v. ALLEN

No. 71-1169.

457 F.2d 308 (1972)

Doris SCARVER, Plaintiff-Appellant, v. Leonard ALLEN and Elwood Danielson, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

March 15, 1972.

Attorney(s) appearing for the Case

Thomas J. Grippando, Chicago, Ill., for plaintiff-appellant; Robert S. Luce, Second Year Law Student, Chicago, Ill., of counsel.

Edward V. Hanrahan, State's Atty., Vincent Bentivenga, Frederic B. Weinstein, Asst. State's Attys., Chicago, Ill., for defendants-appellees.

Before HASTINGS, Senior Circuit Judge, and STEVENS and SPRECHER, Circuit Judges.

SPRECHER, Circuit Judge.

This appeal by plaintiff Doris Scarver is from an order dismissing her cause of action for her failure to appear for trial due to an asthma attack brought on by a fire in the apartment building where she resided.

"No exact rule can be laid down as to when a court is justified in dismissing a case for failure to prosecute. Each case must be looked at with regard to its own peculiar procedural history and the situation at the time of...

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