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    James Gordon Penn v. Clara Rinaldi, Doing Business Under The Firm Name and Style of Queens Truck Rental, and Mack Trucks Inc., 323 F.2d 913, 2d Cir. (1963)

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    The United States Court of Appeals for the Second Circuit affirmed the district court's dismissal of the plaintiff's complaint against two defendants. The district court had dismissed a similar prior complaint against the same defendants for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The appellate court held that such a dismissal has preclusive effect as a matter of federal law based on a prior case.

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    James Gordon Penn v. Clara Rinaldi, Doing Business Under The Firm Name and Style of Queens Truck Rental, and Mack Trucks Inc., 323 F.2d 913, 2d Cir. (1963)

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    The United States Court of Appeals for the Second Circuit affirmed the district court's dismissal of the plaintiff's complaint against two defendants. The district court had dismissed a similar prior complaint against the same defendants for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The appellate court held that such a dismissal has preclusive effect as a matter of federal law based on a prior case.

    Original Description:

    Filed: 1963-10-01 Precedential Status: Precedential Citations: 323 F.2d 913 Docket: 28122_1

    Original Title

    James Gordon Penn v. Clara Rinaldi, Doing Business Under the Firm Name and Style of Queens Truck Rental, and Mack Trucks Inc., 323 F.2d 913, 2d Cir. (1963)

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    The United States Court of Appeals for the Second Circuit affirmed the district court's dismissal of the plaintiff's complaint against two defendants. The district court had dismissed a similar prior complaint against the same defendants for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The appellate court held that such a dismissal has preclusive effect as a matter of federal law based on a prior case.

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    5 views1 page

    James Gordon Penn v. Clara Rinaldi, Doing Business Under The Firm Name and Style of Queens Truck Rental, and Mack Trucks Inc., 323 F.2d 913, 2d Cir. (1963)

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    The United States Court of Appeals for the Second Circuit affirmed the district court's dismissal of the plaintiff's complaint against two defendants. The district court had dismissed a similar prior complaint against the same defendants for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The appellate court held that such a dismissal has preclusive effect as a matter of federal law based on a prior case.

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    of 1

    323 F.

    2d 913

    James Gordon PENN, Plaintiff-Appellant,


    v.
    Clara RINALDI, doing business under the firm name and style
    of queens Truck Rental, Defendant, and Mack Trucks
    Inc., Defendant-Appellee.
    No. 9, Docket 28122.

    United States Court of Appeals Second Circuit.


    Argued Oct. 1, 1963.
    Decided Oct. 1, 1963.

    Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit


    Judges.
    PER CURIAM.

    In 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).

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

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

    David S. Konheim, New York City (Konheim & Halpern, New York City, on
    the breif), for defendant-appellee.

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