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MERKER v. RICE

No. 1002, Docket 80-9108.

649 F.2d 171 (1981)

Gene MERKER and Timothy Ebneth, Plaintiffs-Appellants, v. Robin RICE, Gordon Car & Truck Rental, Avis Rent-A-Car Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 26, 1981.

Attorney(s) appearing for the Case

Philip Schlau, New York City (Newman & Schlau, P. C., New York City, Carole A. Burns, New York City, of counsel), for plaintiffs-appellants.

Douglas A. Boeckmann, Semel, McLaughlin & Boeckmann, New York City, for defendants-appellees.

Before FEINBERG, Chief Judge, LUMBARD and VAN GRAAFEILAND, Circuit Judges.

FEINBERG, Chief Judge:

Plaintiffs Gene Merker and Timothy Ebneth appeal from a judgment of the United States District Court for the Southern District of New York, Thomas P. Griesa, J., dismissing their action for want of prosecution. Because we conclude that the dismissal constituted an abuse of the district judge's discretion, we reverse and remand the case for trial.

I

Merker and Ebneth were injured in an automobile accident in January 1979, when...

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