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HASTINGS v. NORTH EAST IND. SCHOOL DIST.

No. 77-3499.

615 F.2d 628 (1980)

Gerald HASTINGS and North East Federation of Teachers, Local No. 3410, AFL-CIO, Plaintiffs-Appellants, v. NORTH EAST INDEPENDENT SCHOOL DISTRICT, Board of Trustees of North East Independent School District and Ivan Fitzwater, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 14, 1980.

Attorney(s) appearing for the Case

Larry Watts, Houston, Tex., for plaintiffs-appellants.

Foster, Lewis, Langley, Gardner & Banack, Inc., Emerson Banack, Jr., William T. Armstrong, III, San Antonio, Tex., for defendants-appellees.

Before VANCE, POLITZ and RANDALL, Circuit Judges.

POLITZ, Circuit Judge:

The district court imposed the ultimate sanction authorized by Rule 37, Fed.R.Civ.P., and dismissed the suit of plaintiffs-appellants for their failure to comply with a discovery order. In addition the court awarded appellees $1,000 in attorney's fees. We reverse and remand.

On June 10, 1976, the Northeast Federation of Teachers, Local No. 3410, American Federation of Teachers, AFL-CIO, (NFT) and its president, Gerald Hastings, filed...

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