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IN RE PROFESSIONAL HOCKEY ANTITRUST LITIGATION

Nos. 74-2113-74-2118.

531 F.2d 1188 (1976)

In re PROFESSIONAL HOCKEY ANTITRUST LITIGATION. (D.C. No. M.D.L. 119) Appeal of METROPOLITAN HOCKEY CLUB, INC. and Golden Blades Hockey, Inc. (six cases). WORLD HOCKEY ASSOCIATION et al. (D.C. Civ. No. 72-1995) v. NATIONAL HOCKEY LEAGUE et al. WORLD HOCKEY ASSOCIATION et al. (D.C. Civ. No. 73-19) v. NASSAU SPORTS, etc., et al. (two cases). NASSAU SPORTS, a limited partnership, (D.C. Civ. No. 74-162) v. Garry PETERS et al. and Golden Blades Hockey, Inc., Intervenor-Defendant (two cases).

United States Court of Appeals, Third Circuit.

Decided February 23, 1976.

Attorney(s) appearing for the Case

Leonard W. Wagman, Michael C. Silberberg, Golenbock & Barell, New York City, Perry S. Bechtle, Alan M. Lerner, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for plaintiffs-appellants Metropolitan Hockey Club, Inc. and Golden Blades Hockey, Inc.

Harry L. Shniderman, Bingham B. Leverich, Covington & Burling, Washington, D. C., for appellee National Hockey League.

Edwin P. Rome, Richard P. McElroy, Blank, Rome, Klaus & Comisky, Philadelphia, Pa., for all appellees except Nassau Sports.

Edward Bennett Williams, Harold Ungar, Richard M. Cooper, Williams, Connolly & Califano, Washington, D. C., for all appellees except National Hockey League, Atlanta Hockey, Inc. and Nassau Sports.

Morris R. Brooke, Drinker, Biddle & Reath, Philadelphia, Pa., for Nassau Sports.

Before STALEY, ROSENN and HUNTER, Circuit Judges.

OPINION OF THE COURT

STALEY, Circuit Judge.

This is an appeal from an order of the district court granting defendants' motion to dismiss the action with prejudice for failure to comply with the discovery provisions of the Federal Rules of Civil Procedure and with the court's related order. Appellants ask us to determine whether dismissal of their action was an abuse of discretion. Upon a thorough review of the record, we conclude that the district court...

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