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DiMERCURIO v. MALCOM

No. 12-3766.

716 F.3d 1138 (2013)

William DiMERCURIO, Appellant v. Deidre MALCOM, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 18, 2013.

Attorney(s) appearing for the Case

Noel Sevastianos , Clayton, MO, for Appellant.

Thomas Joseph Magee , Kate A. Aplington , Saint Louis, MO, for Appellee.

Before GRUENDER, ARNOLD, and BENTON, Circuit Judges.

ARNOLD, Circuit Judge.

Approximately one week before September 4, 2012, the trial date for William DiMercurio's lawsuit to recover for injuries that he suffered in a car accident, the district court sua sponte rescheduled the trial for October 15, 2012. Due to an overseas trip that Mr. DiMercurio and at least one of his witnesses had planned for the week of October 15 (scheduled at a time when they believed that the trial would take place on September 4), Mr...

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