Legal Opinion
Keith L. Hubbard v. The Baltimore and Ohio Railroad Company
Court of Appeals for the Sixth Circuit
Decided December 16, 1957No. 13223PublishedCited by 9 opinions
1Per curiam
This appeal involves the issue of whether the District Judge abused his judicial discretion in refusing to reinstate plaintiff’s suit for damages under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., after having approximately six months earlier dismissed same because of plaintiff’s willful failure to submit himself as a witness in compliance with the Federal Rules of Civil Procedure, 28 U.S.C.A.
Rule 37(d) authorizes dismissal of the action where a party willfully fails to appear before the officer who is to take his deposition after proper notice. Rule 41(b) provides for…
2Cases cited3 opinions
- Peitzman v. City of IllmoCourt of Appeals for the Eighth Circuit · 1944
- Collins v. WaylandCourt of Appeals for the Ninth Circuit · 1944
- Leo T. Mooney v. Central Motor Lines, Inc.Court of Appeals for the Sixth Circuit · 1955
3Cited by9 opinions
- Albert S. Craig v. Far West Engineering Company, Inc., a Corporation, Far West Engineering Company, Inc., a Corporation v. Albert S. CraigCourt of Appeals for the Ninth Circuit · 1959
- Bell & Beckwith v. United States of America, Internal Revenue Service, Donna D. CannonCourt of Appeals for the Sixth Circuit · 1985
- Lawrence v. FuldDistrict Court, D. Maryland · 1963
- Gloria M. Lohman v. General American Life Insurance CompanyCourt of Appeals for the Eighth Circuit · 1973
- Coutrakon v. DistenfieldAppellate Court of Illinois · 1959
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