DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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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.