Legal Opinion

Dominguez v. United States

District Court, E.D. New York

Decided March 13, 1978No. 76C 1215Published

1Opinion of the Court

MEMORANDUM AND ORDER

PLATT, District Judge.

Plaintiff in this case moves pursuant to Rule 60(b) of the Federal Rules of Civil Procedure (FRCP) for an order vacating this Court’s dismissal of this matter due to plaintiff’s failure to appear for a pretrial conference.

This case is a wrongful death action arising out of a somewhat bizarre and a very unfortunate set of circumstances. On March 17, 1975, at about 4:00 P.M., a robbery was taking place in decedent’s grocery store. An agent of the Federal Bureau of Investigation (FBI) entered the store in response to a burglar alarm. Entering with his…

2Cases cited6 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Standard Newspapers, Inc. v. Jeffrey King, and Joseph Wolf, J & W Newsprinters, Inc., and Alfred LucianoCourt of Appeals for the Second Circuit · 1967
  3. Fase v. Seafarers Welfare And Pension PlanCourt of Appeals for the Second Circuit · 1978
  4. Usery v. Weiner Bros.District Court, D. Connecticut · 1976
  5. Cavalier Label Co. v. S. S. LilikaDistrict Court, S.D. New York · 1976

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