Legal Opinion

Lyell Theatre Corp. v. Loews Corp.

Court of Appeals for the Second Circuit

Decided May 28, 1982No. 728, Docket 81-7740PublishedCited by 514 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

After ten years of broken promises, inactivity and delay, the district court dismissed plaintiffs’ complaint for failure to prosecute. We affirm, and write to make known our view on the appropriateness of the extreme sanction of dismissal.

Plaintiffs Lyell Theatre Corporation and Martina Theatre Corporation (Lyell Thea-tres) were motion picture exhibitors. At the time this action was instituted these corporations conducted business in Rochester, New York under the control and management of Charles Martina and his son Vincent. The defendants are either film distributors…

2Cases cited21 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  3. National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
  4. Leo Vine v. Beneficial Finance Company, Inc., and Charles H. Dowd, Stuart A. Wixson, George J. Springer, C. H. Donohue and Crown Finance Company, Inc.Court of Appeals for the Second Circuit · 1967
  5. Herbert E. Theilmann, Administrator of Herbert K. Theilmann v. The Rutland Hospital, Inc., and Dr. Donald D. DingmanCourt of Appeals for the Second Circuit · 1972

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3Cited by514 opinions

  1. Barry Lesane v. Hall's Security Analyst, Inc.Court of Appeals for the Second Circuit · 2001
  2. United States of America, Ex Rel., Walter M. Drake v. Norden Systems, Inc., and United Technologies CorporationCourt of Appeals for the Second Circuit · 2004
  3. Rita J. Minnette v. Time WarnerCourt of Appeals for the Second Circuit · 1993
  4. Beverly Hills Fan Company v. Royal Sovereign Corp. And Ultec Enterprises Co., Ltd.Court of Appeals for the Federal Circuit · 1994
  5. Mark A. Ball v. City of Chicago and Alfred S. Schultz, Individually and as Agent of the City of ChicagoCourt of Appeals for the Seventh Circuit · 1993

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