Joseph Muller Corporation Zurich v. Societe Anonyme De Gerance Et D'armement, Gazocean International, S.A.

On September 25, 1969, appellant, a Swiss corporation, filed this private antitrust action in the District Court, naming six foreign and domestic corporations as defendants. Two of these corporations were served with the complaint at that time. 1 The remaining four, appel-lees herein, were not served until December of 1973, over four years later. Upon return and pursuant to Fed.R. Civ.P. 41(b), appellees moved for an order dismissing the case as to them for failure to prosecute, which was in due time granted in an opinion filed February 27, 1974. We affirm.

Rule 41(b) provides that: “For…