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UNITED STATES v. SUMITOMO MARINE & FIRE INS. CO.

Nos. 76-2258, 77-1902, 77-1903, 78-1824 and 78-2388.

617 F.2d 1365 (1980)

In the Matter of The Complaint of the UNITED STATES of America, as owner of the United States Naval Ship PVT. JOSEPH F. MERRELL, for exoneration from or limitation of liability, Plaintiff-Appellant, v. SUMITOMO MARINE & FIRE INSURANCE COMPANY, LTD., etc. et al., Defendants-Appellees. In the Matter of The Complaint of the UNITED STATES of America, as owner of the United States Naval Ship PVT. JOSEPH F. MERRELL, for exoneration from or limitation of liability, UNITED STATES of America, Plaintiff-Appellant, v. UNITED STATES NAVAL SHIP PVT. JOSEPH F. MERRELL and The Vessel "Pearl Venture", Defendants-Appellees. UNITED STATES of America, Counter/Claimant-Appellant, v. The M/V PEARL VENTURE, her engines, tackle, etc., in rem and Pearl Carriers, Inc., Defendants/Counter-claim Appellees. SUMITOMO MARINE & FIRE INSURANCE CO., LTD., a Corp. et al., Plaintiffs-Appellees, v. PEARL CARRIERS, INC. et al., Defendants-Appellants. and The Vessel Pearl Venture, Defendant. UNITED STATES of America, Plaintiff-Appellant, v. SUMITOMO MARINE & FIRE INSURANCE COMPANY, Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

April 16, 1980.

Attorney(s) appearing for the Case

Robert S. Greenspan, U. S. Dept. of Justice, Washington, D. C., Charles W. Cappel, (argued), Los Angeles, Cal., Robert E. Kopp, Los Angeles, Cal., on brief for plaintiff-appellant.

Charles W. Cappel, Los Angeles, Cal., Robert S. Greenspan, Washington, D. C., (argued), Dan Brennan, Anita E. Rudd, Los Angeles, Cal., on brief for defendants-appellees.

Before WALLACE and KENNEDY, Circuit Judges, and CRAIG, District Judge.

WALLACE, Circuit Judge:

The government appeals from the district court's orders imposing sanctions against the government, and personally against the government's attorney, for failure to obey discovery orders. Because we find that the sanctions were within the discretion of the district court, see Fed.R.Civ.P. 37(b), we affirm.

I

This litigation arose from a December 29, 1973 collision at sea involving the USNS PVT. JOSEPH F. MERRELL, a government...

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