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FOUNDING CHURCH OF SCIENTOLOGY v. WEBSTER

No. 85-5885.

802 F.2d 1448 (1986)

FOUNDING CHURCH OF SCIENTOLOGY OF WASHINGTON, D.C., INC., Appellant, v. William H. WEBSTER, Director of the Federal Bureau of Investigation of the United States, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 1986.

Attorney(s) appearing for the Case

Anthony P. Bisceglie, Washington, D.C., with whom William C. Walsh and Jeffrey B. O'Toole were on the brief, for appellant.

Freddi Lipstein, Atty., Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty., and Barbara L. Herwig, Atty., Dept. of Justice, were on the brief, for appellees. Anthony J. Steinmeyer and E. Roy Hawkens, Attys., Dept. of Justice, also entered appearances for appellees.

Regina Jackson, Washington, D.C., was on the brief for amici curiae, American Coalition of Unregistered Churches, et al., urging reversal.

Before GINSBURG, STARR, and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

The appeal before us marks the end of eight years of litigation in a case that has never passed beyond the stage of pre-trial discovery. The District Court dismissed the case as a sanction under Fed.R.Civ.P. 37 for failure to comply with a discovery order entered by the court. Specifically, L. Ron Hubbard, the founder of the Church of Scientology, failed to appear for a court-ordered...

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