SEABOARD SURETY COMPANY v. WATKINS

No. 73-2012.

490 F.2d 1268 (1973)

SEABOARD SURETY COMPANY, Petitioner, v. The Honorable R. Dorsey WATKINS, United States District Judge for the District of Maryland, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided November 9, 1973.


Attorney(s) appearing for the Case

Guy W. Shoup, New York City (Wyatt, Gerber & Shoup, New York City, David F. Albright, Semmes, Bowen & Semmes, Baltimore, Md., on brief), for petitioner.

Edward F. Levy, New York City (Lawrence A. Kaufman, Cable, McDaniel, Bowie & Bond, Baltimore, Md., on brief), for Ionic Electrostatic Corp.

Clyde F. Willian, Chicago, Ill. (Robert L. Harmon, Hume, Clement, Brinks, Willian, Olds & Cook, Ltd., Chicago, Ill., John F. King, Anderson, Coe & King, Baltimore, Md., on brief), for respondent.

Before HAYNSWORTH, Chief Judge, and WINTER and WIDENER, Circuit Judges.


PER CURIAM:

In this application for a writ of mandamus, we cannot say that the district court abused its discretion when it declined to dismiss the action for want of prosecution, and we will therefore deny the writ. At the same time, we conclude that there has been such unconscionable delay in the final disposition of the underlying litigation as to warrant extraordinary relief. More than ten years have elapsed since the validity and infringement of plaintiff's patents...

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