Legal Opinion

Gocolay v. New Mexico Federal Savings & Loan Ass'n

Court of Appeals for the Tenth Circuit

Decided July 1, 1992No. 90-2116PublishedCited by 83 opinions

1Opinion of the Court

BRORBY, Circuit Judge.

The sole issue on appeal is whether the district court abused its discretion by dismissing Plaintiff’s complaint as a discovery sanction for failing to complete a deposition by the ordered deadline because of uncon-tradicted claims of ill health. We hold the dismissal was improper, vacate the district court’s order, and remand.

Plaintiff Antonio Gocolay, a Philippine national, brought suit in September 1987 to recover $653,754.79 allegedly converted from his certificates of deposit by an employee of New Mexico Federal Savings and Loan Association (New Mexico Federal). At…

2Cases cited11 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. Kenneth Ray Meade v. Grubbs, Badge No. 128, Individually and as a Deputy Sheriff of the County of OklahomaCourt of Appeals for the Tenth Circuit · 1988
  4. In Re Bill W. Rains, Also Known as Billy Wayne Rains, Debtor. Dale A. Ruplinger v. Bill W. Rains, Also Known as Billy Wayne RainsCourt of Appeals for the Tenth Circuit · 1991
  5. Mrs. Julian Lamar Davis, Temporary Administratrix of the Estate of Charles Edward Davis, Deceased v. Parkhill-Goodloe Company, Inc.Court of Appeals for the Fifth Circuit · 1962

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

3Cited by83 opinions

  1. Advantedge Business Group, LLC v. Thomas E. Mestmaker & Associates, Inc.Court of Appeals for the Tenth Circuit · 2009
  2. Gomez v. Martin Marietta Corp.Court of Appeals for the Tenth Circuit · 1995
  3. Walker v. United Parcel Service, Inc.Court of Appeals for the Tenth Circuit · 2001
  4. Starlight International Inc. v. HerlihyDistrict Court, D. Kansas · 1999
  5. Comeau v. RuppDistrict Court, D. Kansas · 1992

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

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