Legal Opinion
Tinkoff v. Jarecki, Collector of Internal Revenue
Court of Appeals for the Seventh Circuit
Decided December 16, 1953No. 10638_1PublishedCited by 4 opinions
1Opinion of the Court
FINNEGAN, Circuit Judge,
Plaintiff’s action, commenced January 3, 1950, was ordered dismissed for want of prosecution by the District Court on January 7, 1952. After a hearing, his petition to vacate that dismissal was denied, and an order entered accordingly on January 22, 1952. Both orders are brought here for review.
How ever it is articulated this appeal simply involves a reexamination of judicial discretion exercised at the lower court level. Shotkin v. Westinghouse Electric & Mfg. Co., 10 Cir., 1948, 169 F.2d 825, 826, contains the pertinent general rule, as follows:
“A motion to dismiss…
2Cases cited8 opinions
- Ackermann v. United StatesSupreme Court of the United States · 1950
- Hicks v. Bekins Moving & Storage Co.Court of Appeals for the Ninth Circuit · 1940
- Shotkin v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Tenth Circuit · 1948
- Sweeney v. AndersonCourt of Appeals for the Tenth Circuit · 1942
- American Nat. Bank & Trust Co. v. United StatesCourt of Appeals for the D.C. Circuit · 1944
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Freedson v. CommissionerUnited States Tax Court · 1977
- National Labor Relations Board v. Mississippi Products, Inc.Court of Appeals for the Fifth Circuit · 1954
- Robert Edmond v. Moore-Mccormack Lines, Inc.Court of Appeals for the Second Circuit · 1958
- Freedson v. CommissionerUnited States Tax Court · 1977