Summary
holding that district court did not abuse its discretion where "case was dismissed with prejudice by the District Court when [plaintiff] declined to go to trial after denial of his motion for continuance"
Summary of this case from Lewis v. RawsonOpinion
No. 20315.
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.