John A. Hyler v. Reynolds Metal Company, a Corporation

Appellants complain of error by the district court in the dismissal of their action because of the failure of appellants’ attorneys to appear at a pretrial hearing on February 17, 1970.

A perusal of the record indicates that the district court had previously denied a motion to dismiss on May 19, 1969, by requiring appellants to amend their complaint by “defining clearly and with particularity the class which they seek to represent in the action within thirty days”. Over a period of approximately nine months, and without apparent excuse, appellants failed to amend their complaint as directed by…