The IAS Court erred in failing to hold that the March 13, 1981 dismissal of the Texas Federal court action for plaintiffs' failure to prosecute precluded the instant action, since Federal Rules of Civil Procedure, rule 41 (b) permits such dismissal to operate as an adjudication upon the merits.
The Second Circuit appeal pending at the time of the Texas dismissal, and purported by plaintiffs to bar such dismissal, in fact had no such effect. Plaintiffs appealed the...
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