Fried Ex Rel. Berger Supply Co. v. Feola

MARSH, District Judge.

This matter came on for trial and was. met in limine by an oral motion for dismissal by the defendant, Teresa Feola, for the reason that she has been prejudiced in her defense by the plaintiff’s lack of diligence in prosecuting this action, 1 and for the further reason that plaintiff had agreed on December 5, 1950 to the dismissal of the case if the witness Albert Fried was not found by January 2, 1951.

Testimony was taken'of the witnesses present primarily to determine how many times the case had theretofore been called for trial. Although the defendant claims to have…