Madden v. Milk Wagon Drivers Union Local 753

WILL, District Judge.

Respondents Milk Wagon Drivers Union Local 753 and Thomas Haggerty have moved to dismiss this action pursuant to Rules 37(b) (2) (iii) and 41(b), F.R. Civ.P., the former of which provides for dismissal of an action upon the failure of a party to answer any question propounded upon oral examination which that party has been ordered to answer and the latter of which authorizes dismissal for failure to comply with any order of court.

On February 5, 1964, Ross M. Madden, in his capacity as Regional Director of the 13th Region of the National Labor Relations Board, hereinafter…