Dauphinee v. American Range Line, Inc.

KIRKPATRICK, District Judge.

Rule 41(b), Rules of Civil Procedure for District Courts, 28 U.S.C.A. following section 723c, provides that a judgment of dismissal “For failure of the plaintiff to prosecute or to comply with these rules,” shall, unless otherwise specified, operate as an adjudication upon the merits. This suit was dismissed for want of prosecution February 1, 1940. Rule 60(b) provides that, provided the motion is made within six months after judgment, a party may be relieved on motion from a judgment taken against him through his excusable neglect. This rule, I think, gives the…