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312 F.2d 209

Docket No. 91, Docket 26834.

Demeulenaere v. Rockwell Manufacturing Co.

Second Circuit Court of Appeals

Argued Nov. 9, 1962. Decided Nov. 16, 1962.

Second Circuit Court of Appeals · decided 1962-11-16

Cited by 14 later decisions — most recently February 1969

11 federal appellate ·

3 counsel of record

Relies on Link v. Wabash Railroad · Ohliger v. United States · Joseph v. Norton Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1962-11-16

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Gilbert J. Fortgang, New York City (Barry A. Witchell, New York City, on the brief), for plaintiff-appellants.

Robert L. Clare, Jr., New York City (Shearman & Sterling, New York City, on the brief), for defedant-appellee, National Cash Register Co.

Mathias F. Correa, New York City (Cahill, Gordon, Reindel & Ohl, New York City, on the brief), for defendants-appellees, Rockwell Manufacturing Co., Ohmer Corporation, and John O. Ekblom.

Before MEDINA, SMITH and KAUFMAN, Circuit Judges.

PER CURIAM.

¶1

We agree with the statement by Judge Cashin, 31 F.R.D. 575, 'if there ever was a case that deserved to be dismissed for lack of prosecution that is it.' After over ten years of procrastination and failure to obey repeated orders of the Court, for which plaintiffs themselves are largely responsible, the dismissal of the complaint, with prejudice, for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, was properly ordered. There was no abuse of discretion. Link v. Wabash Railroad Co., 1962, 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734; Joseph v. Norton Company, 2 Cir., 1959, 273 F.2d 65; and see Ohliger v. United States, 2 Cir., 1962, 308 F.2d 667. If we are ever to bring the dockets of our trial courts upto-date and current, the dead wood that has accumulated over the years must be cleared away. This is particularly true of allegedly massive and complicated claims such as the one before us, involving on paper huge sums but, so far as has been disclosed after many years of backing and filling, wholly devoid of merit.

¶2

Affirmed.

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