Rados v. Celotex Corp.
Court of Appeals for the Second Circuit
1Opinion of the Court
VAN GRAAFEILAND, Circuit Judge:
Helen J. Rados appeals from a judgment of the United States District Court for the Western District of New York (Curtin, C.J.), dismissing her wrongful death action pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute. Although the jurisdiction of this Court was not challenged by any of the parties, we raised the question of jurisdiction sua sponte at oral argument. See Matarese v. LeFevre, 801 F.2d 98, 104 (2d Cir.1986). After hearing argument, we dismissed the appeal by summary order, indicating that this opinion would follow.
Following Chief Judge Curtin’s…
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