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WYLE v. R.J. REYNOLDS INDUSTRIES, INC.

No. 82-4266.

709 F.2d 585 (1983)

Frederick S. WYLE, Professional Corp., Trustee in Bankruptcy for Pacific Far East Line, Inc., Bankrupt, Plaintiff-Appellant, v. R.J. REYNOLDS INDUSTRIES, INC., R.J. Reynolds Tobacco Company, R.J. Reynolds Leasing Company, Sea-Land Services, Inc., and McLean Industries, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1983.

Attorney(s) appearing for the Case

William A. Wineberg, Jr., Broad, Schulz, Larson & Wineberg, San Francisco, Cal., for plaintiff-appellant.

Guy M. Struve, Lawrence E. Walsh, Mark E. Segall, Robert D. Kimball, Davis, Polk & Wardwell, New York City, Charles B. Cohler, Lasky, Haas, Cohler & Munter, San Francisco, Cal., for defendants-appellees.

Before WRIGHT, CANBY, and BOOCHEVER, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

In this appeal, we consider whether the district court abused its discretion when it dismissed Pacific Far East Line's (PFEL) complaint as a sanction for its false denials of rebating and its failure to comply with the court's discovery orders. We find the dismissal appropriate and affirm.

I. FACTS

On December 19, 1976, PFEL filed an amended complaint under § 4 of the Clayton Act, 15 U.S.C. § 15, alleging...

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