Opinion
No. 170, Docket 26498.
Argued January 16, 1961.
Decided January 30, 1961.
Appeals from the United States District Court for the Southern District of New York, by Judge Frederick van Pelt Bryan and Chief Judge Sylvester J. Ryan.
Plaintiff Benjamin Katzoff and others appeal from an order of Judge Bryan made on March 6, 1959, dismissing the action under Rule 41(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., and from an order of Chief Judge Ryan, made on July 20, 1960, which denied appellants' motion to vacate, and in effect confirmed Judge Bryan's order of dismissal.
Robert E. Nickerson, Greenwich, Conn. (Ivey, Barnum, O'Mara Nickerson, Greenwich, Conn., and J. Robert Ellner, New York City, on the brief), for plaintiffs-appellants.
William D. Friedmann, New York City (O'Brien, Driscoll Raftery, and George A. Raftery, New York City, on the brief), for defendants-appellees.
Before MEDINA, FRIENDLY and SMITH, Circuit Judges.
We find in the record before us no basis for holding there was any abuse of discretion in the making of the orders appealed from.
Affirmed.