Legal Opinion

Homer Bush v. The United States Postal Service

Court of Appeals for the Fourth Circuit

Decided April 29, 1974No. 73-2040PublishedCited by 26 opinions

1Opinion of the Court

BUTZNER, Circuit Judge:

Homer Bush appeals from an order of the district court that dismissed his complaint against the United States Postal Service and some of its officers for failure to prosecute. The dismissal was with prejudice, and because such a severe sanction cannot be justified on this record, we reverse.

Bush instituted this action on November 1, 1972. His attorney directed the marshal to serve process on the named defendants and the United States Attorney. On December 11, before a responsive pleading was filed, Bush’s attorney amended the complaint pursuant to Rule 15(a) of the…

2Cases cited10 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Albert Flaksa v. Little River Marine Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1968
  3. Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
  4. Industrial Building Materials, Inc. v. Interchemical CorporationCourt of Appeals for the Ninth Circuit · 1971
  5. Paris Reizakis v. Albert E. LoyCourt of Appeals for the Fourth Circuit · 1974

5 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Davis v. WilliamsCourt of Appeals for the Fourth Circuit · 1978
  2. Herman T. DOVE, Appellant, v. CODESCO, Formerly Known as Washington Dental Supply Company, AppelleeCourt of Appeals for the Fourth Circuit · 1978
  3. Chandler Leasing Corporation v. Dr. Clemenceau J. Lopez Dr. Ralph F. Meinhardt D/B/A Bladen Surgical CenterCourt of Appeals for the Fourth Circuit · 1982
  4. Donnelly v. Johns-Manville Sales Corp.Court of Appeals for the Third Circuit · 1982
  5. Pauline McCargo v. Oley G. HedrickCourt of Appeals for the Fourth Circuit · 1977

21 more not listed; retrieve them via the Exa API.

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