Court of Appeals for the Fifth Circuit March 30, 1970, 27950 (Smith-Weik MacHinery Corporation, Etc. v. Murdock MacHine and Engineering Co.)

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United States · · · 30-03-1970

WISDOM, Circuit Judge.

We reverse and remand for failure of the trial court to grant the defendant’s motion for a continuance based on the illness of defendant’s principal counsel.

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*844

“Abuse of judicial discretion” as the basis for reversal of a trial court’s judgment has more bark than bite — in terms of the reviewing court’s assessment of the trial judge’s exercise of discretion.

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