Sandee Manufacturing Company v. Rohm & Haas Company

SWYGERT, Circuit Judge.

This is an appeal from an order of the District Court dismissing an action because plaintiff failed to prosecute its case. It is argued that the trial court abused its discretion by insisting the ease go forward and in dismissing the case after plaintiff said it was not prepared for trial. The dismissal ended a case that had been on the docket for five years and came after nine pre-trials and four trial settings. A detailed history of the litigation follows a summary of its nature.

Defendant, Rohm & Haas Company, manufactures a basic chemical material, acrylic monomer,…