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EMERICK v. FENICK INDUSTRIES, INC.

No. 76-1298 Summary Calendar.

539 F.2d 1379 (1976)

Grace K. EMERICK and James L. Emerick, Sr., Plaintiffs-Appellees, v. FENICK INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 12, 1976.

Attorney(s) appearing for the Case

Arthur C. Koski, Boca Raton, Fla., for defendant-appellant.

James W. Crabtree, Miami, Fla., for plaintiffs-appellees.

Before COLEMAN, GOLDBERG and GEE, Circuit Judges.

GOLDBERG, Circuit Judge:

The sole question presented in this appeal by Fenick Industries is whether the district court, in its choice of sanctions available under Fed.R.Civ.P. 37(b)(2), abused its discretion by striking the appellant's answer and counterclaim and entering judgment for the appellees, Grace and James Emerick.1 We affirm.

The appellees brought this action in November 1974 to collect sums in default on a promissory...

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