United States Freight Company, as Successor in Interest of International Forwarding Co. v. Penn Central Transportation Co.

Penn Central appeals from a judgment of the United States District Court for the Southern District of New York, Charles S. Haight, Judge, accepting Magistrate Raby’s report and recommendation, striking defendants’ answer and entering a default judgment of $10,000 for lost or damaged shipments. The judgment represents a sanction under Fed.R.Civ.P. 37(b)(2)(C) for failure to comply with an order for discovery.

United States Freight Co. filed an action in New York state court claiming $62,940.62 damages; defendants removed to federal court in February of 1975, and sought three extensions of time…