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FOLEY v. UNITED STATES

No. 608, Docket 80-6071.

645 F.2d 155 (1981)

Louis G. FOLEY and Angela Foley, Plaintiffs-Appellants, v. UNITED STATES of America and General Services Administration, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 31, 1981.

Attorney(s) appearing for the Case

Abraham Reingold, Brooklyn, N. Y. (Glabman, Rubenstein, Reingold & Rothbart, Brooklyn, N.Y., of counsel), for plaintiffs-appellants.

Ben Wiles, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., E. D. N. Y., Harvey M. Stone, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for defendants-appellees.

Before LUMBARD, VAN GRAAFEILAND and KEARSE, Circuit Judges.

LUMBARD, Circuit Judge:

The plaintiffs appeal from an order of Judge Costantino of the Eastern District of New York which denied their motion to vacate an order of dismissal. Judge Costantino dismissed their tort claim against the government upon oral motion of the United States Attorney based upon an asserted failure to prosecute, failure to appear and failure to comply with the district court's discovery order. We hold that the alleged errors by the plaintiffs were...

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