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DORSEY v. ACADEMY MOVING & STORAGE, INC.

No. 27869.

423 F.2d 858 (1970)

Jane New DORSEY, Plaintiff-Appellant-Cross-Appellee, v. ACADEMY MOVING & STORAGE, INC., M. Lieberman & Sons, Inc., Defendants-Appellees, and Engel Brothers, Inc., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

April 2, 1970.

Attorney(s) appearing for the Case

Richard E. Reckson, Heiman & Crary, Eugene C. Heiman, Miami, Fla., for appellant, Jane New Dorsey.

Michael C. Slotnick, Matthew Gissen, Miami, Fla., for appellees.

Before WISDOM, GEWIN and AINSWORTH, Circuit Judges.

WISDOM, Circuit Judge:

This appeal turns on the question whether the district court properly exercised its judicial discretion in imposing sanctions (dismissal of the complaint with prejudice) under Fed.R.Civ. P. 37(b) (2) for failure of the plaintiff to comply with certain discovery orders of the court. We decide the question in favor of the plaintiff-appellant, Mrs. Jane Dorsey.

Mrs. Dorsey, widow of Tommy Dorsey, the well-known band leader, turned over...

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