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LORIN CORP. v. GOTO & CO., LTD.

No. 82-2138.

700 F.2d 1202 (1983)

LORIN CORPORATION, a Minnesota corporation; Goto Overseas, Inc., a Minnesota corporation; Waverly Corporation, a Minnesota corporation; and Clark W. Peterson, Appellants, v. GOTO & COMPANY, LTD., a Japanese corporation; Goto Enterprises, Ltd., a Japanese corporation; and Yukihiko Goto, a/k/a Mark Y. Goto, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 4, 1983.

As Amended March 11, 1983.

Attorney(s) appearing for the Case

Marlon O. Haugen, Marlon O. Haugen & Associates, Wayzata, Minn., for appellants.

Frank J. Walz, Robert A. Brunig, O'Connor & Hannan, Minneapolis, Minn., for appellees; Michael A. Braun, Braun, Moriya, Hoashi & Kubota, Tokyo, Japan, of counsel.

Before HEANEY, McMILLIAN and ARNOLD, Circuit Judges.

ARNOLD, Circuit Judge.

In this case we affirm the dismissal of a complaint for failure to comply with a discovery order and for failure to prosecute. We hold that the appellants (plaintiffs below) did not lose their right to appeal from the District Court to this Court by failing to file timely objections to a magistrate's recommendation that their complaint be dismissed. On the merits, however, we hold that the District Court did not abuse its

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