Thompson v. Fleming

The appellant complains of an order of the United States District Court for the Southern District of Mississippi denying his motion for a continuance and thereafter dismissing the complaint when his counsel refused to proceed to trial at the time and place when the case was docketed for trial. We affirm. The complaint was filed on June 28, 1966. It was signed by two attorneys and a third attorney was shown as ""of counsel"". All three attorneys whose names appeared on the complaint listed their addresses as Jackson, Mississippi. The complaint was answered in July and on November 10, 1966, the deposition of the appellee was taken. A fourth attorney who also listed a Jackson, Mississippi address conducted the deposition. On April 4, 1967, another attorney who listed his address as Jackson, Mississippi, filed a written notice of appearance as counsel for the plaintiff. The record does not indicate that any of the attorneys mentioned ever withdrew from the case.