Penn v. Rinaldi
| Decision Date | 01 October 1963 |
| Docket Number | Docket 28122.,No. 9,9 |
| Citation | 323 F.2d 913 |
| Parties | James Gordon PENN, Plaintiff-Appellant, v. Clara RINALDI, doing business under the firm name and style of Queens Truck Rental, Defendant, and Mack Trucks Inc., Defendant-Appellee. |
| Court | U.S. Court of Appeals — Second Circuit |
Joseph K. Guerin, New York City (Myers & Guerin, New York City, on the brief), for plaintiff-appellant.
John B. Shields, New York City (John L. Quinlan, Bigham, Englar, Jones & Houston, New York City, on the brief), for defendant.
David S. Konheim, New York City (Konheim & Halpern, New York City, on the brief), for defendant-appellee.
Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.
In open court we affirm the judgments of the District Court for the Southern District of New York which dismissed the complaint against the defendants Clara Rinaldi, doing business under the firm name and style of Queens Truck Rental, and against Mack Trucks, Inc. because of a prior judgment dismissing a similar complaint pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. The effect of such a dismissal, prescribed by the Rule itself, is a matter of federal law, Kern v. Hettinger, 303 F.2d 333 (2 Cir., 1962)
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La Societe Anonyme des Parfums LeGalion v. Jean Patou, Inc.
...based on diversity of citizenship or federal question jurisdiction, Kern v. Hettinger, 303 F.2d 333, 340 (2 Cir. 1962); Penn v. Rinaldi, 323 F.2d 913 (2 Cir. 1963). Applying Rule 41(b) in this case presents several special problems, however. First, the district judge appeared at trial to be......
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Saylor v. Lindsley
...81 S. Ct. at 545. Accordingly, a dismissal for failure to prosecute bars a subsequent suit on the same cause of action. Penn v. Rinaldi, 323 F.2d 913 (2d Cir. 1963). This rule, moreover, is applied when the suit is a class action, the courts recognizing that defendants, as well as plaintiff......