National Labor Relations Board v. Hospital & Institutional Workers Union, Local 250

KENNEDY, Circuit Judge:

G-K Properties and Genesco, Inc. appeal from the trial court’s order dismissing their action with prejudice, by reason of failure to comply with the court’s discovery orders. Appellants argue that dismissal of their case was an abuse of the trial court’s discretion and was a taking of property without due process of law. G-K Properties argues in addition that dismissal was improper as to it because that company does not have custody, control, or possession of the records which were ordered to be produced. We affirm the district court’s dismissal as to both parties.

G — K…