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AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Cyril Viadro (argued), Robert R. Catalano, of Boccardo, Blum, Lull, Niland, Teerlink Bell, San Francisco, Cal., for plaintiff-appellant. John H. Sears (argued), Richard S. Hawkinson, of Bronson, Bronson McKinnon, San Francisco, Cal., for defendant-appellee.
Judges
  • Frederick George Hamley
  • Walter Thomas McGovern
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Cyril Viadro (argued), Robert R. Catalano, of Boccardo, Blum, Lull, Niland, Teerlink Bell, San Francisco, Cal., for plaintiff-appellant. John H. Sears (argued), Richard S. Hawkinson, of Bronson, Bronson McKinnon, San Francisco, Cal., for defendant-appellee.
Judges
  • Frederick George Hamley
  • Walter Thomas McGovern
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Smart Summary

FRED HOLLENBACK, PLAINTIFF-APPELLANT, v. CALIFORNIA WESTERN RAILROAD, A CORPORATION, DEFENDANT-APPELLEE.

PER CURIAM:

Plaintiff appeals from an order pursuant to Fed.R.Civ.P. 41(b) dismissing his F.E.L.A. action for want of prosecution.

The action was filed September 19, 1966, three years after the alleged injury. After some discovery in August 1967, the file shows no activity until the court on its own motion called the case for dismissal in October 1969. The defendant then moved for dismissal. When the plaintiff furnished the court no valid reason for keeping the case alive, it was dismissed February 18, 1970. Nothing appears in the record to suggest that the district judge abused his discretion.

Affirmed.

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HOLLENBACK v. CALIFORNIA WESTERN RAILROAD
(Jul 28, 1972)