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KROPP v. ZIEBARTH

No. 76-1967.

557 F.2d 142 (1977)

Robert P. KROPP, Plaintiff-Appellant, v. Sylvester A. ZIEBARTH, a/k/a Silver A. Ziebarth and Carl A. Ziebarth, husband and wife, and Cleon Striegel, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 2, 1977.

Attorney(s) appearing for the Case

John R. Davidson, Billings, Mont., for appellant; Fred E. Whisenand, Williston, N. D., on brief.

David L. Peterson, Bismarck, N. D., for appellee; Robert Edd Lee, Billings, Mont., on brief.

Before CLARK, Associate Justice, Retired, and HEANEY and WEBSTER, Circuit Judges.

HEANEY, Circuit Judge.

Robert Kropp appeals from the District Court's dismissal of his complaint, with prejudice, pursuant to Fed.R.Civ.P. 37(b)(2) for failure to comply with an order requiring answers to certain interrogatories.1 We reverse and remand the action to the District Court because we find that the District Court abused its discretion in imposing the drastic sanction.

This action arises out of a sale on November 8, 1972...

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