Legal Opinion

Dauphinee v. American Range Line, Inc.

District Court, E.D. Pennsylvania

Decided September 17, 1940No. 20260PublishedCited by 3 opinions

1Opinion of the Court

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…

2Cited by3 opinions

  1. Peardon v. ChapmanCourt of Appeals for the Third Circuit · 1948
  2. Daly v. StrattonCourt of Appeals for the Seventh Circuit · 1962
  3. Daly v. StrattonCourt of Appeals for the First Circuit · 1962

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