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POTLATCH CORP. v. UNITED STATES

No. 81-4201.

679 F.2d 153 (1982)

POTLATCH CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1982.

Attorney(s) appearing for the Case

Gilbert S. Rothenberg, Washington, D. C., argued, for defendant-appellant; John F. Murray, Richard Farber, Washington, D. C., on brief.

Don Paul Badgley, Bogle & Gates, Seattle, Wash., for plaintiff-appellee.

Before HAYNSWORTH, MERRILL and WALLACE, Circuit Judges.

MERRILL, Circuit Judge:

The Government failed by seven weeks to comply with a discovery deadline set by the district court for the exchange of appraisal reports by expert witnesses. As a sanction for this failure, imposed pursuant to Rule 37(b)(2)(B) of the Federal Rules of Civil Procedure1, the Government was denied the right to call those experts as trial witnesses or to offer their reports in evidence. Following trial, judgment was...

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