Levine v. Colgate-Palmolive Co.

Argued October 11, 1960.

Decided October 21, 1960.

Cited by 3 later decisions — most recently May 1975

1 federal appellate · 1 district · 1 state decisions

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1960-10-21

Harry Levine, plaintiff-appellant, pro se.

James B. Henry, Jr., New York City (William Jannen, Jr., and Cahill, Gordon, Reindel & Ohl, New York City), for defendant-appellee.

Before CLARK and FRIENDLY, Circuit Judges, and DIMOCK, District Judge.

PER CURIAM.

¶1

Judge Dawson had ample discretion to dismiss plaintiff's action when plaintiff did not appear for trial at the time previously set in pre-trial conference. F.R.Civ.P. 41(b); Joseph v. Norton Co., 2 Cir., 273 F.2d 65. Additionally the disclosures at the conference showed that plaintiff had no claim; the advertising "plan" which he volunteered to send the defendant contained nothing which was not common knowledge. Soule v. Bon Ami Co., 201 App.Div. 794, 195 N. Y.S. 574, affirmed 235 N.Y. 609, 139 N.E. 754; Masline v. New York, N. H. & H. R. Co., 95 Conn. 702, 112 A. 639.

¶2

Affirmed.