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GOLDEN OIL CO., INC. v. EXXON CO., U. S. A.

No. 76-1153. Summary Calendar.

543 F.2d 548 (1976)

GOLDEN OIL COMPANY, INC., and G. G. Weems, Individually, and d/b/a Golden Oil Company, Inc., Plaintiffs-Appellants, v. EXXON COMPANY, U.S.A. (a Division of Exxon Corporation), formerly Humble Oil & Refining Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 14, 1977.

Attorney(s) appearing for the Case

Thomas B. Wheeler, New Orleans, La., Jack N. Price, Austin, Tex., John D. Lambert, Jr., Harry Nowalsky, New Orleans, La., for plaintiffs-appellants.

Bernard J. Caillouet, E. Burt Harris, Francis J. Mooney, Jr., New Orleans, La., Wm. Simon, Wm. R. O'Brien, Wm. J. Hunter, Jr., Washington, D. C., for defendant-appellee.

Before WISDOM, GEE and TJOFLAT, Circuit Judges.

GEE, Circuit Judge:

This appeal concerns a counterclaim made by Exxon in a case filed by Golden Oil Company and its president and owner, G. G. Weems. When Golden's responses to certain interrogatories failed to satisfy the district court as meeting the court's order to answer "fully," the court struck Golden's defense and granted summary judgment for Exxon on the counterclaim. We affirm.

In this counterclaim, Exxon alleged the existence of an open account...

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