VAC-AIR, INC. v. JOHN MOHR & SONS, INC.

No. 71-1880.

471 F.2d 231 (1973)

VAC-AIR, INC., Plaintiff-Appellee, v. JOHN MOHR & SONS, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 4, 1973.


Attorney(s) appearing for the Case

Ray T. McCann, Richard A. Mc-Dermott, Milwaukee, Wis., John H. Bishop, William J. Hallinan, James G. Staples, Chicago, Ill., for defendant-appellant.

Ronald E. Barry, Milwaukee, Wis., for plaintiff-appellee.

Before SWYGERT, Chief Judge, and CUMMINGS and SPRECHER, Circuit Judges.


SPRECHER, Circuit Judge.

This appeal requires us to draw the ever-troublesome line between the right on the one hand of a litigant to a determination of his claim or defense upon the merits despite the incompetency or lack of diligence of his attorney and the necessity on the other hand of the trial judge to control and manage litigation which threatens unduly to burden the court as a result of the attorney's failings.

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