Legal Opinion
Fond Du Lac Plaza, Inc. v. Reid
District Court, E.D. Wisconsin
Decided May 20, 1969No. 66-C-132PublishedCited by 7 opinions
1Opinion of the Court
OPINION and ORDER
MYRON L. GORDON, District Judge.
The defendants, H. C. Prange Company and Budget Center, Inc., have moved to dismiss the complaint pursuant to rule 37(d), Federal Rules of Civil Procedure, on the ground that the plaintiff has wilfully failed to answer interrogatories numbered 9, 11, 13, and 14, which were propounded by the defendants on December 15, 1966.
The court is mindful of the harshness of the remedy now sought by the defendants. Although dismissal is authorized by rule 37(d), it is a remedy which should not be granted save upon the showing of severe circumstances. After…
2Cases cited4 opinions
- Mohammed Nasser v. Isthmian LinesCourt of Appeals for the Second Circuit · 1964
- John Halverson v. Campbell Soup Company, Defendant-Third-Party and Wolfes-Jensen Company, Third-PartyCourt of Appeals for the Third Circuit · 1967
- Charles Sivelle v. Fred N. Maloof, Fred N. Maloof v. Charles SivelleCourt of Appeals for the First Circuit · 1967
- Baxter v. VickDistrict Court, E.D. Pennsylvania · 1960
3Cited by7 opinions
- United Nuclear Corp. v. General Atomic Co.New Mexico Supreme Court · 1980
- United States v. 58.16 Acres of LandDistrict Court, E.D. Illinois · 1975
- Philadelphia Housing Authority v. American Radiator & Standard Sanitary Corp.District Court, E.D. Pennsylvania · 1970
- In re Professional Hockey Antitrust LitigationDistrict Court, E.D. Pennsylvania · 1974
- Koppal v. Travelers Indem. Co. of Hartford, Conn.District of Columbia Court of Appeals · 1972
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