Ziontz v. Food Fair Stores, Inc.

VAN DUSEN, District Judge.

The importance of determining the question of the court’s jurisdiction promptly once it is raised and the history of this case pertaining to the issue of jurisdiction subsequent to the filing of the Motion To Dismiss For Want of Jurisdiction (Document No. 20) are covered in the Memorandum of June 29, 1962, D.C., 31 F.R.D. 567 (Document No. 33). The authorities cited in the attached brief of defendant and this record make clear that defendant is entitled to a dismissal of this action under F.R.Civ. P. 37(d), since there has been a “conscious and intentional failure” 1…