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FOX v. STUDEBAKER-WORTHINGTON, INC.

No. 74-1286.

516 F.2d 989 (1975)

Anthony FOX et al., Appellants, v. STUDEBAKER-WORTHINGTON, INC., et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 30, 1975.

Attorney(s) appearing for the Case

James P. Larkin, Minneapolis, Minn., for appellants.

James H. O'Hagan, Minneapolis, Minn., for appellees.

Before VAN OOSTERHOUT, Senior Circuit Judge, HEANEY, Circuit Judge, and MEREDITH, Chief District Judge.

VAN OOSTERHOUT, Senior Circuit Judge.

Plaintiffs Anthony Fox, Marcella Fox and George Hean appeal the dismissal of their complaint pursuant to Fed.R.Civ.P. Rule 37(d) for violations of the federal rules of discovery and the imposition of sanctions pursuant to Fed.R.Civ.P. Rule 37(b)(2)(A) establishing as true certain portions of defendants' counterclaim. We affirm as to the dismissal of plaintiffs' complaint but reverse on the matter of the counterclaim.

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