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HARVEY'S WAGON WHEEL, INC. v. VAN BLITTER

No. 90-16477.

959 F.2d 153 (1992)

HARVEY'S WAGON WHEEL, INC., Plaintiff-Appellee, v. Toshi VAN BLITTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 25, 1992.

Attorney(s) appearing for the Case

Robert N. Black, Black & Kopper, Davis, California, and Meredith S. Watts, San Francisco, Cal., for defendant-appellant.

Richard Glasson and Chris D. Nichols, Manoukian, Scarpello & Alling, Ltd., Stateline, Nev., for plaintiff-appellee.

Before NORRIS, BEEZER and LEAVY, Circuit Judges.

BEEZER, Circuit Judge:

This appeal raises a choice of law question of first impression: In a diversity action, should a district court apply federal rule of civil procedure 41(b), which permits dismissal for failure to prosecute, or should it apply Nevada rule of civil procedure 41(e), which mandates dismissal for failure to prosecute after five years? Applying the analytical framework set forth in Olympic Sports Prod. v. Universal Athletic Sales...

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