Legal Opinion

Searock, D/B/A Allied Marine v. Greg Stripling, Counter-Claimant-Appellant, Amf Inc., D/B/A Hatteras Yachts and Aetna Insurance Co., Third-Party

Court of Appeals for the Third Circuit

Decided July 17, 1984No. 82-6104PublishedCited by 125 opinions

1Opinion of the Court

JOHNSON, Circuit Judge:

This appeal presents the single issue of whether the district court abused its discretion in dismissing appellant Stripling's counterclaim as a sanction under Fed.R.Civ.P. 37(b)(2) for failure to comply with a discovery order. 1 Holding that it did, we reverse and remand this case for reinstatement of Stripling’s counterclaim.

This lawsuit was commenced by Allied Marine to recover payment for work done on a vessel, the “LUNITA K,” purchased by Stripling from Allied Marine. This claim was ultimately tried to the court, and judgment entered for Allied Marine for…

2Cases cited7 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
  3. Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. RogersSupreme Court of the United States · 1958
  4. Gwendola M. Jones v. Bob Graham, Bennie Small, Jr. v. Bob Graham, Henry T. McMillian Jr. v. Bob GrahamCourt of Appeals for the Eleventh Circuit · 1983
  5. Grace K. Emerick and James L. Emerick, Sr. v. Fenick Industries, Inc.Court of Appeals for the Fifth Circuit · 1976

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3Cited by125 opinions

  1. Soto v. City of ConcordDistrict Court, N.D. California · 1995
  2. Chudasama v. Mazda Motor Corp.Court of Appeals for the Eleventh Circuit · 1997
  3. In re Nasdaq Market-Makers Antitrust LitigationDistrict Court, S.D. New York · 1996
  4. United States v. International Union Of Petroleum And Industrial Workers, Afl-CioCourt of Appeals for the Ninth Circuit · 1989
  5. In Re: Citric Acid Litigation 7-Up Bottling Co.Of Jasper Inc.Court of Appeals for the Ninth Circuit · 1999

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