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SCARBOROUGH v. EUBANKS

No. 83-5601.

747 F.2d 871 (1984)

Robert SCARBOROUGH, individually and on behalf of Jim-Bob, Inc., Appellant, v. James EUBANKS, individually and as President of Jim-Bob, Inc., Jim-Bob, Inc., a West Virginia corporation, and Ryder Truck Lines, Inc., a Florida corporation.

United States Court of Appeals, Third Circuit.

Decided November 5, 1984.

Attorney(s) appearing for the Case

George Retos, Jr. (Argued), Retos, Held & Associates, Washington, Pa., for appellant.

Gary N. Altman (Argued), Hirsch, Weise & Tillman, Pittsburgh, Pa., for appellees James Eubanks, and Jim-Bob, Inc.

John A. Allegretti, William A. Gray, Vuono, Lavelle & Gray, Pittsburgh, Pa., for appellee Ryder Truck Lines, Inc.

Before GIBBONS, SLOVITER, Circuit Judges, and BISSELL, District Judge

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This is an appeal from a dismissal with prejudice used as a sanction for dilatory conduct by counsel, presenting the same issue as in Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863, also decided today.

I.

Background

It appears from the pleadings and pretrial statements that Robert Scarborough and James Eubanks, through a corporation...

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