Legal Opinion

A. M. Pearson v. Denny Dennison

Court of Appeals for the Ninth Circuit

Decided November 10, 1965No. 19506_1PublishedCited by 91 opinions

1Opinion of the Court

DUNIWAY, Circuit Judge:

This appeal is from a dismissal of the action under Rule 41(b) F.R.Civ.P. The action, in which seven individuals and three corporations are named as defendants, was filed on January 18, 1962. It was dismissed on May 21, 1964. The ground for dismissal was “failure to prosecute.”

When the complaint was filed, summons was issued, but the Marshal re ceived no instructions as to service and returned it unserved on July 12, 1962. Nothing happened until February 20, 1963. On that day the clerk, acting under local rule 10(d), 1 put the matter on its calendar for dismissal on the…

2Cases cited17 opinions

  1. Helvering v. Northwest Steel Rolling Mills, Inc.Supreme Court of the United States · 1940
  2. William Harris v. Palm Springs Alpine Estates, Inc.Court of Appeals for the Ninth Circuit · 1964
  3. Tanner Motor Livery, Ltd. v. Avis, Inc.Court of Appeals for the Ninth Circuit · 1963
  4. Hicks v. Bekins Moving & Storage Co.Court of Appeals for the Ninth Circuit · 1940
  5. David Farrell and Oliver J. Farrell v. United StatesCourt of Appeals for the Ninth Circuit · 1963

12 more not listed; retrieve them via the Exa API.

3Cited by91 opinions

  1. Patricia Scott Anderson v. Air West, IncorporatedCourt of Appeals for the Ninth Circuit · 1976
  2. Joseph Toussaint, Plaintiffs/appellees/cross-Appellants v. Daniel McCarthy Defendants/appellants/cross-AppelleesCourt of Appeals for the Ninth Circuit · 1986
  3. Roland MacHinery Company v. Dresser Industries, Inc.Court of Appeals for the Seventh Circuit · 1984
  4. Direx Israel, Ltd. Direx, Incorporated v. Breakthrough Medical Corporation Zvi Porath Avner SpectorCourt of Appeals for the Fourth Circuit · 1992
  5. Hobson v. WilsonCourt of Appeals for the D.C. Circuit · 1984

86 more not listed; retrieve them via the Exa API.

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