CALIFORNIA MOLASSES CO. v. C. BREWER & CO.

No. 72-1265.

479 F.2d 60 (1973)

CALIFORNIA MOLASSES CO. et al., Appellants, v. C. BREWER & CO. et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 23, 1973.


Attorney(s) appearing for the Case

Francis O. Scarpulla, Linda L. Tedeschi, Alvin H. Pelavin, Philip K. Jensen, John T. Weld, San Francisco, Cal., for appellants.

William H. Orrick, James K. Haynes, W. Reece Bader, Orrick, Herington, Rowley, & Sutcliffe, David M. Balabanian, Arthur R. Albrecht, McClutcheon, Doyle, Brown & Enersen, San Francisco, Cal., Robert B. Owen, George R. Poehner, Covington & Burling, Washington, D. C., for appellees.

Before BROWNING, WRIGHT and GOODWIN, Circuit Judges.


PER CURIAM:

Plaintiffs commenced an antitrust action on July 17, 1969. Two years later, because the file revealed little or no progress, the district judge to whom the case had been assigned ordered the plaintiff to show cause why the case should not be dismissed for failure to prosecute. Following a hearing, and a warning, the court gave plaintiffs ninety days to complete the preliminary phase of discovery. When the time expired without substantial progress, the...

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