David McCombs v. Pittsburgh-Des Moines Steel Company, a Pennsylvania Corporation

LEWIS, Circuit Judge.

This appeal is taken from an order dismissing an action under Fed.R.Civ.P. 41(b) for want of prosecution. Appellant-plaintiff’s claim was one for personal injuries allegedly suffered in a truck-automobile collision. The case had followed orderly pre-trial procedures resulting in a trial setting for Monday morning, April 7, 1969, before a jury. At such time both sides appeared with available witnesses including several from out of state called by plaintiff and at least one out-of-state witness called by defendant. Plaintiff then moved for a continuance based on…