Legal Opinion

Rixson M. Perry v. Christopher R. Pogemiller and State Farm Fire and Casualty Co.

Court of Appeals for the Seventh Circuit

Decided February 1, 1994No. 93-1460PublishedCited by 68 opinions

1Opinion of the Court

CUMMINGS, Circuit Judge.

Rixson Perry appealed the dismissal of his suit, with prejudice, as a sanction for his refusal to comply with discovery. Fed.R.Civ.P. 37(b). We affirm.

Nearly three years after voluntarily dismissing a tort action filed in the Circuit Court of Illinois, Perry initiated this action in federal district court based on diversity asserting the same claim against the same defendants as named in the state action. In lieu of an answer, the defendants filed a motion to dismiss for lack of subject matter jurisdiction and simultaneously served on plaintiff discovery designed to…

2Cases cited18 opinions

  1. Freeport-McMoRan Inc. v. K N Energy, Inc.Supreme Court of the United States · 1991
  2. In re McDonaldSupreme Court of the United States · 1989
  3. Mars Steel Corp. v. Continental Bank N.A.Court of Appeals for the Seventh Circuit · 1989
  4. In Re McDonaldSupreme Court of the United States · 1989
  5. Ed Freeman and Wife Sharon Freeman, Cross-Appellants v. Northwest Acceptance Corporation, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1985

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3Cited by68 opinions

  1. Support Systems International, Inc. v. Richard MackCourt of Appeals for the Seventh Circuit · 1995
  2. United States of America, Ex Rel. Todd Verdone, Pro Per v. Circuit Court for Taylor County, in the Matter of Todd VerdoneCourt of Appeals for the Seventh Circuit · 1995
  3. Sokaogon Chippewa Community, Mole Lake Band of Lake Superior Chippewa Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin v. Bruce E. Babbitt, Secretary, United States Department of the Interior, Michael J. Anderson, Deputy Assistant Secretary, United States Department of the Interior, Appeal of St. Croix Chippewa Indians of Wisconsin, Proposed Intervenor-AppellantCourt of Appeals for the Seventh Circuit · 2000
  4. In the Matter of Lamar Chapman IIICourt of Appeals for the Seventh Circuit · 2003
  5. Rixson Merle Perry v. John SullivanCourt of Appeals for the Seventh Circuit · 2000

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