323 F.2d 913 - Penn v. Rinaldi — 323 F.2d 913

How this case has been cited

Cited by 120 later decisions (1 by the Supreme Court) — most recently September 2014 · most notably Woodward v. Commissioner (1970), Bessenyey v. Commissioner (1965)

39 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Joseph K. Guerin, New York City (Myers & Guerin, New York City, on the brief), for plaintiff-appellant.

¶2John B. Shields, New York City (John L. Quinlan, Bigham, Englar, Jones & Houston, New York City, on the brief), for defendant.

¶3David S. Konheim, New York City (Konheim & Halpem, New York City, on the brief), for defendant-appellee.

¶4Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

¶5PER CURIAM.

¶6In open court we affirm the judgments of the District Court for the Southern District of New York which dismissed the complaint against the defendants Clara Rinaldi, doing business under the firm name and style of Queens Truck Rental, and against Mack Trucks, Inc. because of a prior judgment dismissing a similar complaint pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. The effect of such a dismissal, prescribed by the Rule itself, is a matter of federal law, Kern v. Hettinger, 303 F.2d 333 (2 Cir., 1962)