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EDSALL v. PENN CENTRAL TRANSPORTATION COMPANY

No. 72-1995.

479 F.2d 33 (1973)

Leonard L. EDSALL, Plaintiff-Appellant, v. PENN CENTRAL TRANSPORTATION COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 22, 1973.

Attorney(s) appearing for the Case

John Ruffalo, Youngstown, Ohio, for plaintiff-appellant.

Thomas R. Skulina, Cleveland, Ohio, for defendant-appellee; John F. Dolan, Cleveland, Ohio, of counsel.

Before PHILLIPS, Chief Judge, and McCREE, and LIVELY, Circuit Judges.

PER CURIAM.

We consider the appeal of a Federal Employers' Liability Act claimant whose complaint was dismissed without prejudice on September 6, 1972, because neither he nor his counsel of record appeared in court to proceed with the trial of his case when it was called on September 5. The trial date had been set in an order filed by the District Judge on July 21, 1972, and the order further provided:

No additional continuance will be granted, and it is...

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