Legal Opinion

Sam Provenza v. H & W Wrecking Company

Court of Appeals for the Fifth Circuit

Decided April 6, 1970No. 28588PublishedCited by 6 opinions

1Per curiam

Appellants, Provenza and S. and H. Developments, Inc., brought suit under 42 U.S.C.A. § 1983 for damages for an alleged deprivation of civil rights. Neither appellants nor their counsel diligently prosecuted the case and when neither appeared for a pre-trial conference the District Judge, sua sponte, dismissed the case. We affirm. 1

It appears that the case had been pending for two years and nine months. Appellants had employed three different lawyers to represent them. They were given seven extensions of time to obtain new counsel and the District Court permitted appellants to proceed pro se.…

2Cases cited3 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Patricia Lebouef Murphy, as Administratrix of the Estate of Edward Fontenot, Deceased, Etc. v. Houma Well Service, and Eva C. Fontenot, IntervenorCourt of Appeals for the Fifth Circuit · 1969
  3. James Leo Huth v. Southern Pacific CompanyCourt of Appeals for the Fifth Circuit · 1969

3Cited by6 opinions

  1. Lopez v. Aransas County Independent School DistrictCourt of Appeals for the Fifth Circuit · 1978
  2. Durham v. District of ColumbiaDistrict of Columbia Court of Appeals · 1985
  3. Whitehead v. Baranco Color Labs, Inc.Court of Civil Appeals of Alabama · 1978
  4. John A. Hyler v. Reynolds Metal Company, a CorporationCourt of Appeals for the Fifth Circuit · 1970
  5. 17 Fair empl.prac.cas. 279, 16 Empl. PracCourt of Appeals for the Fifth Circuit · 1978

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