Charles T. O'TOOle v. William J. Meyer Company, Inc., and William J. Meyer, Individually

TUTTLE, Circuit Judge.

This is an appeal from an order dismissing appellant’s personal injury suit for failure of appellant to submit to physical examination and give his deposition as ordered by the court. It presents the interesting and important question whether the disappearance of a plaintiff after having been examined by deposition on all matters relating to liability and as to the elements of injury up to the date of the deposition deprives him of a right to trial upon the insistence of his counsel as against a motion to dismiss.

The record discloses that the damage suit was filed in…