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OAKS v. ROJCEWICZ

No. 580.

409 P.2d 839 (1966)

Edgar K. OAKS, Appellant, v. Peter W. ROJCEWICZ, Appellee.

Supreme Court of Alaska.

January 17, 1966.

Attorney(s) appearing for the Case

W.C. Arnold, George T. Yates, Anchorage, for appellant.

Neil S. Mackay, Anchorage, for appellee.

Before NESBETT, C.J., and DIMOND and RABINOWITZ, JJ.

RABINOWITZ, Justice.

The primary issue in this appeal is whether the trial court properly dismissed appellant's third party claim. Cardinal to the resolution of this question is the proper construction of Civ.R. 37(b) (2) [c], which authorizes the imposition of sanctions when a party has refused to "make discovery."

Civ.R. 37(b) (2) [c] provides:

Refusal to Make Discovery — Consequences. * * * * * * (b) Failure...

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