Legal Opinion

Robert P. Kropp v. Sylvester A. Ziebarth, A/K/A Silver A. Ziebarth and Carl A. Ziebarth, Husband and Wife, and Cleon Striegel

Court of Appeals for the Eighth Circuit

Decided June 2, 1977No. 76-1967PublishedCited by 25 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

Robert Kropp appeals from the District Court’s dismissal of his complaint, with prejudice, pursuant to Fed.R.Civ.P. 37(b)(2) for failure to comply with an order requiring answers to certain interrogatories. 1 We reverse and remand the action to the District Court because we find that the District Court abused its discretion in imposing the drastic sanction.

This action arises out of a sale on November 8, 1972, by Kropp to the defendants, of over 1,000 head of cattle, many of which were exotic breeds. The contract provided that the total purchase price of $815,000 was to…

2Cases cited6 opinions

  1. National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
  2. Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. RogersSupreme Court of the United States · 1958
  3. Anthony Fox v. Studebaker-Worthington, Inc.Court of Appeals for the Eighth Circuit · 1975
  4. Kenneth Edgar, D/B/A Defense Surplus Sales Expeditors v. William J. Slaughter, D/B/A Champlin Food & Fuel Center, Etc.Court of Appeals for the Eighth Circuit · 1977
  5. General Dynamics Corp. v. Selb Manufacturing Co.Court of Appeals for the Eighth Circuit · 1973

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

3Cited by25 opinions

  1. Danny Clark CROSS, Appellant, v. GENERAL MOTORS CORPORATION, AppelleeCourt of Appeals for the Eighth Circuit · 1983
  2. The Black Panther Party v. William French Smith, Attorney General of the United StatesCourt of Appeals for the D.C. Circuit · 1981
  3. State Farm Mutual Automobile Insurance v. StephensWest Virginia Supreme Court · 1992
  4. Allen v. SmithSupreme Court of Louisiana · 1980
  5. Robert P. Kropp v. Sylvester A. Ziebarth, A/K/A Silver A. Ziebarth, and Carol A. Ziebarth, Husband and Wife, and Cleon StriegelCourt of Appeals for the Eighth Circuit · 1979

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

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