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PHOCEENE SOUS-MARINE v. U.S. PHOSMARINE, INC.

No. 80-5712.

682 F.2d 802 (1982)

PHOCEENE SOUS-MARINE, S. A., Plaintiff-Appellee, v. U. S. PHOSMARINE, INC., and Samuel G. Lecocq, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 27, 1982.

Attorney(s) appearing for the Case

Charles H. Thomas, Cislo, O'Reilly & Thomas, Long Beach, Cal., for defendants-appellants.

Jim P. Mahacek, Kunath & Talley, Laguna Hills, Cal., argued for plaintiff-appellee; Walter A. Talley, Kunath & Talley, Laguna Hills, Cal., on brief.

Before CHAMBERS, ELY and NORRIS, Circuit Judges.

ELY, Circuit Judge:

This appeal requires a determination whether a district court may enter a default judgment against a defendant as a sanction for the defendant's deceiving the court on a matter wholly unrelated to the merits of the defendant's case. We conclude that the entry of default under such circumstances is inconsistent with the requirements of due process and therefore reverse the judgment of the District Court and remand the case for further proceedings...

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