February 28, 1963
BENDIX AVIATION CORPORATION
JOHN P. GLASS, JR., APPELLANT.
Before KALODNER, STALEY and SMITH, Circuit Judges.
On November 7, 1961, pursuant to the District Court's Opinion filed that day, judgment was entered dismissing appellant's counter claim for failure to prosecute. On May 7, 1962, following re-argument, the District Court adhered to its original ruling of dismissal.
On review of the record we can find no error. The Judgement of dismissal of November 7, 1961 will be affirmed for the reasons so well stated in Senior Judge Kirkpatrick's Opinions of November 7, 1961 and May 7, 1962, 32 F.R.D. 375.
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