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ROBISON v. TRANSAMERICA INSURANCE CO.

No. 8694.

368 F.2d 37 (1966)

W. LaMonte ROBISON, Trustee of Beehive Security Thrift & Loan, Appellant, v. TRANSAMERICA INSURANCE CO., and Firemans Fund Insurance Co., Appellees.

United States Court of Appeals Tenth Circuit.

October 28, 1966.

Attorney(s) appearing for the Case

William G. Fowler, Salt Lake City, Utah, for appellant.

Harold G. Christensen, Salt Lake City, Utah (Ray R. Christensen, Salt Lake City, Utah, on brief), for appellees.

Before MURRAH, Chief Judge, HICKEY, Circuit Judge, and BRATTON, District Judge.

MURRAH, Chief Judge.

This is an appeal from a judgment pursuant to Rule 37(d), F.R.Civ.P., dismissing this action for failure to answer interrogatories submitted under Rule 33, F.R.C.P.

Rule 33 provides for the submission of interrogatories and for their answer within fifteen days after service unless the court enlarges or shortens the time. Rule 37(d) provides in material part that if "* * * a party wilfully * * * fails to serve answers to interrogatories...

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