AMERICAN TEL. & TEL. CO. v. DAYS INN

No. 97-CA-00411-SCT.

720 So.2d 178 (1998)

AMERICAN TELEPHONE AND TELEGRAPH COMPANY v. DAYS INN OF WINONA, Tac Gopal and Leroy Allen.

Supreme Court of Mississippi.

August 13, 1998.


Attorney(s) appearing for the Case

Thomas H. Pearson, Clarksdale, William F. Selph, III, Jackson, for Appellant.

Suzanne N. Saunders, Jackson, for Appellees.

Before PRATHER, C.J., and BANKS and SMITH, JJ.


BANKS, Justice, for the Court:

¶ 1. This case is before the Court on appeal from the dismissal of the plaintiff's case with prejudice for failure to prosecute, pursuant to Miss. R. Civ. P. 41(b). We conclude that while the conduct of plaintiff's counsel was less than diligent, it does not represent the contemptuous resistance to the court's authority required under the rules. Moreover, there is no indication that the...

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