Austin Theatre, Inc. v. Warner Bros. Pictures

DAWSON, District Judge.

This is a motion for an order dismissing this action with prejudice for willful failure of the plaintiff to serve answers to interrogatories and for such other and further relief as to the Court may seem just and proper.

It appears that on November 16, 1956, the attorneys for the respective parties entered into a stipulation that certain of defendants’ interrogatories, which were dated April 18, 1956, should be answered by the plaintiff. Thereafter the plaintiff failed to serve answers to the interrogatories and a motion came on before this Court to dismiss the action…