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FOURNIER v. TEXTRON, INC.

No. 85-3409.

776 F.2d 532 (1985)

Daniel FOURNIER and Barbara Fournier, his wife, and individually, Plaintiffs-Appellants, v. TEXTRON, INC., individually, and d/b/a Bell Helicopter Textron, Division of Textron, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 15, 1985.

Attorney(s) appearing for the Case

Richard A. Thalheim, Jr., Thibodaux, La., for plaintiffs-appellants.

R.K. Christovich, Jr., New Orleans, La., for Allison Gas & Detroit.

McGlinchey, Stafford, Mintz & Cellini, Ken Laborde, New Orleans, La., for Petroleum Hel.

Plauche & Maselli, Andrew L. Plauche, Jr., New Orleans, La., for Sundstrand Corp.

Phelps, Dunbar, Marks, Claverie & Sims, Howard Daigle, Jr., New Orleans, La., for Airwork Corp.

Before CLARK, Chief Judge, JERRE S. WILLIAMS and PATRICK E. HIGGINBOTHAM, Circuit Judges.

OPINION

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Plaintiffs appeal the dismissal for want of prosecution of their diversity suit for personal injuries suffered in the crash of a helicopter in the Gulf of Mexico. Because plaintiffs have no legitimate explanation for a 32-month delay in causing process to be issued, and this delay on the facts of this case is both prejudicial and unfair to defendants, we affirm.

I

Daniel and Barbara Fournier...

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