325 F2d 321 Hooper v. Chrysler Motors Corporation
325 F.2d 321
Robert E. HOOPER, Appellant,
CHRYSLER MOTORS CORPORATION, Appellee.
United States Court of Appeals Fifth Circuit.
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.