Lucas v. City of Juneau

KELLY, District Judge.

This case is before the court on a motion by the plaintiff filed January 30, 1957, wherein he seeks reinstatement of a suit dismissed by Judge Hodge on October 22, 1955, for lack of prosecution. The merits of the action are immaterial in this proceeding, and therefore only the circumstances surrounding and following the dismissal need be considered.

The essential facts may be stated as follows:(1) At the time this case was set for trial plaintiff was under the care of doctors at the Veterans’ Administration Hospital at Fort Miley, San Francisco, California, and his…