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BON AIR HOTEL, INC. v. TIME, INC.

No. 23371.

376 F.2d 118 (1967)

BON AIR HOTEL, INC., Appellant, v. TIME, INC., and Dan Jenkins, Appellees.

United States Court of Appeals Fifth Circuit.

April 5, 1967.

Attorney(s) appearing for the Case

Joseph B. Cumming, Augusta, Ga., Bennett B. Patterson, Houston, Tex., Cumming, Nixon, Eve, Waller & Capers, Augusta, Ga., Patterson, McDaniel, Moore & Browder, Houston, Tex., for appellant.

E. D. Fulcher, Augusta, Ga., Harold R. Medina, Jr., New York City, Fulcher, Fulcher, Hagler, Harper & Reed, Augusta, Ga., Cravath, Swaine & Moore, New York City, for appellees.

Before GEWIN and AINSWORTH, Circuit Judges, and HUNTER, District Judge.

HUNTER, District Judge:

The action is one for libel based on an article published by Time, Inc., and written by Dan Jenkins, which appeared in the April 6, 1964 issue of Sports Illustrated. The vital question on this appeal is whether the District Judge properly exercised his powers under Rule 37(d) by dismissing the complaint because of the failure of the plaintiff to comply with an order of that Court to produce a certain party as a witness for the purpose of giving...

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