Schmidt v. Wallenius Line

Full title: ERIC J. SCHMIDT, AN INDIVIDUAL, PLAINTIFF AND APPELLANT, v. WALLENIUS…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 15, 1972

455 F.2d 1088 (9th Cir. 1972)

Opinion

No. 25674.

February 15, 1972.

Ernest M. Thayer (argued), San Francisco, Cal., for plaintiff-appellant.

Richard E. Gutting, Jr. (argued), Gilbert C. Wheat, of Lillick, McHose, Wheat, Adams Charles, San Francisco, Cal., for defendants-appellees.

Appeal from the United States District Court for the Northern District of California.

Before CHAMBERS, Circuit Judge, MADDEN,^_ Judge of the United States Court of Claims, and TRASK, Circuit Judge.

_ J. Warren Madden, Senior Judge of the United States Court of Claims, sitting by designation.

PER CURIAM:

The order dismissing for want of diligent prosecution is affirmed. The trial court has a broad discretion in such matters and we cannot say its action was clearly erroneous.