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SECURITIES & EXCH. COM'N v. RESEARCH AUTOMATION CORP.

No. 600, Docket 74-2393.

521 F.2d 585 (1975)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. RESEARCH AUTOMATION CORPORATION et al., Defendants, Konstantinos M. Tserpes et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 23, 1975.

Attorney(s) appearing for the Case

Konstantinos M. Tserpes, Basil Martos, Athan Hamos, defendants-appellants pro se.

Martin S. Berglas, Atty., S.E.C. (Lawrence E. Nerheim, Gen. Counsel, Walter P. North, Sr. Asst. Gen. Counsel, S.E.C., Washington, D. C., of counsel), for plaintiff-appellee.

Before CLARK, Associate Justice, and HAYS and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

The principal issue on this appeal is whether a district judge has the power under Rule 37(d), F.R.Civ.P., to enter a default judgment against a defendant who appears for the taking of his pretrial deposition but, in a willful effort to disrupt and to impede discovery, refuses to be sworn or to testify. We hold that under these circumstances, unless the plaintiff first obtains a court order pursuant...

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