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123766P.pdf   06/18/2013  William Dimercurio  v.  Deidre Malcom
   U.S. Court of Appeals Case No:  12-3766
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Arnold, Author, with Gruender and Benton, Circuit Judges]
Civil Case - Rule 41(b) dismissals. After district court rescheduled trial, denied plaintiff's motion for continuance of retrial date, and denied motion for reconsideration, the district court dismissed the case with prejudice for failure to prosecute the appeal on the trial date. District court abused its discretion in denying the continuance and erred in dismissing the case with prejudice. The dismissal with prejudice is reversed and the case remanded.