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NORMAN v. YOUNG

No. 265-69.

422 F.2d 470 (1970)

George I. NORMAN, Jr. and Frances M. Norman, his wife, Appellants, v. Llewellyn P. YOUNG, a partner, for and on behalf of Francis duPont & Company, a partnership, Appellee.

United States Court of Appeals, Tenth Circuit.

March 5, 1970.

Attorney(s) appearing for the Case

Francis R. Salazar, Denver, Colo., for appellants.

Roger H. Thompson, Salt Lake City, Utah (Dennis McCarthy and C. Keith Rooker, Salt Lake City, Utah, on the brief) for appellee.

Before LEWIS, HILL and HOLLOWAY, Circuit Judges.

HILL, Circuit Judge.

Appellants Norman have perfected this appeal after having a default judgment taken against them for failure to produce documents, etc., as the District Court ordered. They herein challenge, inter alia, the right of the Court to enter a default judgment pursuant to Rule 37(b) (2) (iii), F.R.Civ.P., 28 U.S.C.A., on the grounds that the documents requested were not in existence and that a capricious order was entered because of the Court's...

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