Von Der Heydt v. Rogers

The District Court granted appellee’s motion to dismiss appellant’s complaint for failure to produce documents and records for which an order to produce had been made. Before ruling on the motion, the District Court heard testimony for nine days and received numerous exhibits, all presumably bearing on the issues of materiality of the records sought, the possession and control of these records by appellant, appellant’s actions constituting refusal to produce, and so forth. The District Court made no findings other than its order of dismissal which it characterized as containing findings.…