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DIAZ v. SOUTHERN DRILLING CORP.

No. 27197.

427 F.2d 1118 (1970)

Antonio A. DIAZ, Plaintiff, v. The SOUTHERN DRILLING CORP., also known as South-Eastern Drilling Inc., et al., Defendants, and Trefina, A.G., Intervenor-Appellant. GREAT AMERICAN INVESTMENT COMPANY, Limited, etc., Plaintiff, v. W. P. CLEMENTS, Jr., et al., Defendants, and United States of America, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing May 6, 1970.

Attorney(s) appearing for the Case

D. Marshall Simmons, Thomas W. Luce, III, Special Counsel, Dallas, Tex., G. F. Smith, Weslaco, Tex., for intervenor-appellant, Jenkens, Anson, Spradley & Gilchrist, Dallas, Tex., of counsel.

Harry D. Shapiro, Asst. Atty., Dept. of Justice, Johnnie M. Walters, Asst. Atty. Gen., Howard M. Koff, Crombie J. D. Garrett, Jr., Attys., Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Attys., Tax Div., Dept. of Justice, Washington, D. C., Eldon B. Mahon, U. S. Atty., Martha Joe Stroud, Asst. U. S. Atty., Dallas, Tex., for appellee.

Julian Mike Joplin, Mark Martin, Arthur S. Goldberg, Dallas, Tex., Harvey Rosenberg, Silver Spring, Md., Farrell D. Smith, Corpus Christi, Tex., Donald S. Weinstein, New York City, for other interested parties.

Before THORNBERRY, GODBOLD and MORGAN, Circuit Judges.

THORNBERRY, Circuit Judge:

The trial court granted default judgment against appellant Trefina, A.G., in this case, as a sanction for the repeated failure of that corporation's officer, Widmer, to make himself available for deposition. Trefina now appeals, contending (1) that the intervention of the United States, the party requesting the deposition below, was improper in this case, and (2) that the court's use of the harsh sanction of default judgment was an abuse...

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