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BUTLER v. PEARSON

No. 79-1272.

636 F.2d 526 (1980)

James BUTLER, Charlotte Butler, Appellants, v. Bobbie S. PEARSON et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 7, 1980.

Attorney(s) appearing for the Case

Jeffrey C. Tuckfelt, Washington, D. C., for appellants.

Frank J. Martell, Washington, D. C., with whom Brien E. Roche, Washington, D. C., was on the brief, for appellee.

Before WRIGHT, Chief Judge, SWYGERT, United States Circuit Judge for the Seventh Circuit and ROBINSON, Circuit Judge.

Opinion for the Court filed by Circuit Judge SWYGERT.

SWYGERT, Circuit Judge:

At issue in this appeal is whether the district judge abused his discretion in dismissing and subsequently denying plaintiffs-appellants' motion to reinstate a diversity action for personal injuries and property damage resulting from an automobile accident. The case was dismissed on the basis that the defendants had "been denied discovery" and that the plaintiffs had "failed energetically...

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