Robert E. Hooper, Appellant, v. Chrysler Motors Corporation, Appellee, 325 F.2d 321 (5th Cir. 1964)

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US Court of Appeals for the Fifth Circuit - 325 F.2d 321 (5th Cir. 1964) November 21, 1963
Rehearing Denied January 9, 1964

Albert Smith, Lubbock, Tex., for appellant.

Geo. W. McCleskey, Lubbock, Tex., Keith A. Jenkins, Detroit, Mich., David W. Kendall, Washington, D. C., and Nelson, McCleskey & Harriger, Lubbock, Tex., for appellee.

Before BROWN, WISDOM and BELL, Circuit Judges.


Appellant's case was dismissed with prejudice by the District Court when he declined to go to trial after denial of his motion for continuance. No abuse of discretion appears either with respect to the denial of the motion for continuance, or the dismissal. Rule 41(b), F.R. Civ.P.; Joseph v. Norton Co., 2 Cir., 1959, 273 F.2d 65; and Girard Trust Co. v. Amsterdam, 5 Cir., 1942, 128 F.2d 376.

It follows that the judgment appealed from must be, and is affirmed.