ROMARI CORP. v. UNITED STATES

No. 75-1838.

531 F.2d 296 (1976)

ROMARI CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 10, 1976.


Attorney(s) appearing for the Case

Gail P. Fels, Leonard R. Fels, Coral Gables, Fla., for plaintiff-appellant.

Robert W. Rust, U. S. Atty., Miami, Fla., Scott P. Crampton, Asst. Atty. Gen., U. S. Dept. of Justice, Tax. Div., Washington, D. C., James E. Crowe, Jr., Gilbert E. Andrews, Elmer J. Kelsey, Michael J. Roach, Acting Chief, Appellate Sec., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before DYER and CLARK, Circuit Judges, and KRAFT, District Judge.


KRAFT, District Judge:

The sole question presented by this appeal by Romari Corporation (Romari) is whether the district court abused its discretion by a dismissal without prejudice of Romari's action under F.R.C.P. 37.1 In the circumstances revealed in our review of the record we conclude the dismissal was just and affirm.

The essential facts are as follows: Internal Revenue Service ...

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