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JOHNNY PFLOCKS, INC. v. FIRESTONE TIRE & RUBBER

No. 80-4347.

634 F.2d 1215 (1980)

JOHNNY PFLOCKS, INC., a corporation dba Stocker Tire Service, Plaintiff/Appellant, v. The FIRESTONE TIRE & RUBBER COMPANY, a corporation, Trans-State Tire Service, Inc., a corporation, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

December 29, 1980.

Attorney(s) appearing for the Case

Peter G. Bertrand, Dinkelspiel & Dinkelspiel, San Francisco, Cal., for plaintiff/appellant.

John M. Kelson, Peitit & Martin, David E. Lombardi, Jr., Lombardi & Lombardi, San Francisco, Cal., for defendants-appellees.

Before WALLACE, SCHROEDER, and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge.

Johnny Pflocks, Inc. brought suit against Firestone Tire & Rubber Company. On May 16, 1980, the district court entered an order compelling Pflocks to answer Firestone's first interrogatories and to pay $7,862 in attorneys' fees and costs as a sanction for its previous failure to provide complete answers. On June 20, 1980, the court clarified that it had awarded expenses pursuant to Federal Rule of Civil Procedure 37(a)(4).

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