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BAKER v. LIMBER

Nos. 79-3197, 79-3270 and 78-3503.

647 F.2d 912 (1981)

Robert A. BAKER et al., Plaintiffs/Appellees, v. Andrew A. LIMBER et al., Defendants, and Robert H. Fendler, Defendant/Claimant/Appellant. Robert A. BAKER et al., Plaintiffs/Appellees, v. Andrew A. LIMBER et al., Defendants, and Robert H. Fendler, Defendant/Counter-Claimant/Appellant. Robert A. BAKER et al., Plaintiffs/Counter-Defendants/Appellees, v. Andrew A. LIMBER et al., Defendants, and Robert H. Fendler, Defendant/Counter-Claimant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1981.

Attorney(s) appearing for the Case

L. Reid Southern (argued), Southern & Mulhall, Phoenix, Ariz., Robert H. Fendler, Phoenix, Ariz., on brief, for defendant/claimant/appellant.

John R. McDonough (argued), Beverly Hills, Cal., Michael J. Maloney, Ball, Hunt, Hart, Brown & Baerwitz, Los Angeles, Cal., on brief, for plaintiffs/appellees.

Before KILKENNY and SNEED, Circuit Judges, and HANSON, District Judge.

SNEED, Circuit Judge:

Robert H. Fendler brings three consolidated appeals from two orders of the district court imposing sanctions for his refusal to obey discovery orders. Appellant maintains that his refusals were protected by invocation of the Fifth Amendment privilege against self-incrimination. We hold that appellant failed to support his assertion of the privilege and that the district court did not abuse its discretion in imposing sanctions.

I.

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