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BESHEAR v. WEINZAPFEL

No. 71-1657.

474 F.2d 127 (1973)

Chuck "C.O." BESHEAR, Plaintiff-Appellant, v. Clara WEINZAPFEL and Esther Weinzapfel, d/b/a Weinzapfel Tavern, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 20, 1973.

Attorney(s) appearing for the Case

Theodore Lockyear, Evansville, Ind., for plaintiff-appellant.

Fred P. Bamberger, Evansville, Ind., for defendants-appellees.

Before HASTINGS, Senior Circuit Judge, and FAIRCHILD and PELL, Circuit Judges.

PELL, Circuit Judge.

Plaintiff Beshear, a patron of defendants' tavern, while exiting therefrom, allegedly fell and suffered injuries. His diversity suit for damages was dismissed by the district court for failure to prosecute. Beshear's motion to reopen the case under Rule 60(b), Fed.R.Civ.P., was denied and this appeal followed.

The suit was filed May 20, 1970. Defendants filed their answer on June 22, 1970. Discovery commenced July 15, 1970. The case was...

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