Harry Levine v. Colgate-Palmolive Co.
Opinion
283 F.2d 532
Harry LEVINE, Plaintiff-Appellant, v. COLGATE-PALMOLIVE CO., Defendant-Appellee.
No. 59.
Docket 26315.
United States Court of Appeals Second Circuit.
Argued October 11, 1960.
Decided October 21, 1960.
Harry Levine, plaintiff-appellant, pro se.
James B. Henry, Jr., New York City (William Jannen, Jr., and Cahill, Gordon, Reindel & Ohl, New York City), for defendant-appellee.
Before CLARK and FRIENDLY, Circuit Judges, and DIMOCK, District Judge.
PER CURIAM.
1
Judge Dawson had ample discretion to dismiss plaintiff's action when plaintiff did not appear for trial at the time previously set in pre-trial conference. F.R.Civ.P. 41(b); Joseph v. Norton Co., 2 Cir., 273 F.2d 65 . Additionally the disclosures at the conference showed that plaintiff had no claim; the advertising "plan" which he volunteered to send the defendant contained nothing which was not common knowledge. Soule v. Bon Ami Co., 201 App.Div. 794 , 195 N. Y.S. 574, affirmed 235 N.Y. 609 , 139 N.E. 754 ; Masline v. New York, N. H. & H. R. Co., 95 Conn. 702 , 112 A. 639 .
2
Affirmed.
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