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TOLBERT v. LEIGHTON

No. 78-1038.

623 F.2d 585 (1980)

Otis C. TOLBERT, Plaintiff-Appellant, v. Elliott LEIGHTON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 29, 1980.

Attorney(s) appearing for the Case

Otis C. Tolbert, in pro per.

Elliott Leighton, in pro per.

Before ELY, TRASK and CHOY, Circuit Judges.

CHOY, Circuit Judge:

The district court, finding that Tolbert had failed to prosecute his legal malpractice suit, dismissed the action with prejudice. See Fed.R.Civ.P. 41(b). We reverse.

Tolbert's only offense was failing to appear at a status conference set for a date less than seven months after the complaint was filed. The record indicates that Leighton and his attorney did not appear at the conference either. (Indeed, they apparently have not participated...

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