Court of Appeals for the Second Circuit December 26, 1961, 99, Docket 27009 (Antoinette Bardin and John Bardin v. Philip Mondon)

KAUFMAN, Circuit Judge.

The sole issue on appeal is whether Judge Dawson abused his discretion in dismissing under Rule 41(b), Fed.R. Civ.P., 28 U.S.C., with prejudice, an action brought by Antoinette and John Bardin against Philip Mondon to recover for personal injuries allegedly sustained through the latter’s negligent operation of a motor vehicle.