Legal Opinion

Bon Air Hotel, Inc. v. Time, Inc., and Dan Jenkins

Court of Appeals for the Fifth Circuit

Decided April 5, 1967No. 23371_1PublishedCited by 42 opinions

1Opinion of the Court

HUNTER, District Judge:

The action is one for libel based on an article published by Time, Inc., and written by Dan Jenkins, which appeared in the April 6, 1964 issue of Sports Illustrated. The vital question on this appeal is whether the District Judge properly exercised his powers under Rule 37(d) by dismissing the complaint because of the failure of the plaintiff to comply with an order of that Court to produce a certain party as a witness for the purpose of giving his deposition as an officer of the plaintiff (a bankrupt) corporation. 1 We decide only that on this record dismissal of the…

2Cases cited13 opinions

  1. Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. RogersSupreme Court of the United States · 1958
  2. Hovey v. ElliottSupreme Court of the United States · 1897
  3. Hammond Packing Co. v. ArkansasSupreme Court of the United States · 1909
  4. Robert J. Gill v. Julius Stolow and Harry Stolow, Copartners, Doing Business Under the Firm Name and Style of J. & H. StolowCourt of Appeals for the Second Circuit · 1957
  5. Waters-Pierce Oil Co. v. DeselmsSupreme Court of the United States · 1909

8 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Trans World Airlines, Inc. v. Howard R. Hughes, and Hughes Tool Company and Raymond M. HollidayCourt of Appeals for the Second Circuit · 1971
  2. Hyde & Drath v. BakerCourt of Appeals for the Ninth Circuit · 1994
  3. James P. Miller v. International Paper CompanyCourt of Appeals for the Fifth Circuit · 1969
  4. Falstaff Brewing Corporation, General Brewing Company S & P Company v. Miller Brewing Company, and Philip Morris, IncorporatedCourt of Appeals for the Ninth Circuit · 1983
  5. Katie Ruth Anderson v. J. J. Nosser, James Bradley v. J. J. NosserCourt of Appeals for the Fifth Circuit · 1971

37 more not listed; retrieve them via the Exa API.

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