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Bit Parts

By Stan Soocher
November 01, 2003

Failure to Prosecute Affirmed

The U.S. Court of Appeals for the Seventh Circuit upheld a dismissal for failure to prosecute a suit over rights to David Bowie recordings. Tango Music LLC v. DeadQuick Music Inc., 02-4396. The district court dismissed the suit after Tango Music delayed in serving or failed to serve defendants, and failed to respond to telephone messages from defense counsel and the court. The appeals court determined that severe depression by Tango Music's counsel wasn't sufficient excuse for failing to prosecute. The appeals court stated that Tango Music “has to take responsibility for the actions of its agents, including the lawyers whom it hires.”


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