Legal Opinion

Doris Scarver v. Leonard Allen and Elwood Danielson

Court of Appeals for the Seventh Circuit

Decided March 15, 1972No. 71-1169PublishedCited by 5 opinions

1Opinion of the Court

SPRECHER, Circuit Judge.

This appeal by plaintiff Doris Searver is from an order dismissing her cause of action for her failure to appear for trial due to an asthma attack brought on by a fire in the apartment building where she resided.

“No exact rule can be laid down as to when a court is justified in dismissing a case for failure to prosecute. Each case must be looked at with regard to its own peculiar procedural history and the situation at the time of dismissal.” Sandee Manufacturing Co. v. Rohm & Haas Co., 298 F.2d 41, 43 (7th Cir. 1962).

The complaint in this case alleged that defendant…

2Cases cited5 opinions

  1. Dyotherm Corporation v. Turbo MacHine CompanyCourt of Appeals for the Third Circuit · 1968
  2. Davis v. Operation Amigo, Inc.Court of Appeals for the Tenth Circuit · 1967
  3. United States v. Brand Jewelers, Inc.District Court, S.D. New York · 1970
  4. Sandee Manufacturing Company v. Rohm & Haas CompanyCourt of Appeals for the Seventh Circuit · 1962
  5. Louis Sapiro, Trustee Under Trust Agreement Dated August 26, 1966 v. Hartford Fire Insurance CompanyCourt of Appeals for the Seventh Circuit · 1971

3Cited by5 opinions

  1. C.K.S. Engineers, Inc. v. White Mountain Gypsum Company, M.S. Riddle and Eryl A. CummingsCourt of Appeals for the Seventh Circuit · 1984
  2. Edward L. STEVENS, Plaintiff-Appellant, v. GREYHOUND LINES, INC., Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1983
  3. Vac-Air, Inc. v. John Mohr & Sons, Inc.Court of Appeals for the Seventh Circuit · 1973
  4. Manton Industries, Inc. v. Providence Washington Indemnity Co.Supreme Court of Rhode Island · 1974
  5. Roberson v. ChristofersonDistrict Court, D. North Dakota · 1975

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