Link v. Wabash Railroad Company Page 12

Link v. Wabash Railroad Company general information

Media for Link v. Wabash Railroad Company

Audio Transcription for Oral Argument - April 03, 1962 in Link v. Wabash Railroad Company

John Bodle:

I want a complete hearing."

He had the right to ask for that complete hearing and he failed to do so.

William J. Brennan, Jr.:

Was this --

John Bodle:

Now he didn't --

William J. Brennan, Jr.:

-- a 60 (b) motion?

John Bodle:

This would've been a 60 (b) motion, I submit, yes Mr. Justice Brennan.

And had he done that then there'd be no worry here as to what actually happened that day in Indianapolis.

Now, he didn't have to proceed that way, I don't contend for that for the moment but I do say that if he chooses not to then let him not complain that he had no opportunity for a hearing because the opportunity was there and he elected not to take advantage of it.

There had been many cases in which the power to dismiss for failure to appear at a pretrial has been -- has been recognized and applied.

The Wisdom versus Texas case, (Inaudible) versus Eastern Airlines where apparently very serious personal injury counter claim was dismissed for that sole reason.

The case of the (Voice Overlap) awaits --

William J. Brennan, Jr.:

What is it the Court said in the situation -- cover this situation in their rules.

John Bodle:

Some of District Courts which may have had more frequent trouble with this have passed pretrial rules which specifically state dismissal may follow forthwith.

William J. Brennan, Jr.:

As the rules of this District Court do not well provide.

John Bodle:

The rules of this -- this District Court where I don't think this type of disobedience or disregard has been a matter of concern.

Had never had occasion to enact any such rule.

And that is why of course Federal Rule 83 permitting the Court leeway to act in unusual situations not provided for in the Rule is so important.

Earl Warren: