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EASTWAY GENERAL HOSP. v. EASTWAY WOMEN'S CLINIC

No. 83-2502.

737 F.2d 503 (1984)

EASTWAY GENERAL HOSPITAL, LTD., d/b/a Eastway General Hospital, Plaintiff-Appellee, v. EASTWAY WOMEN'S CLINIC, INC., d/b/a Eastway Women's Clinic, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 31, 1984.

Attorney(s) appearing for the Case

Otha T. Carpenter, Houston, Tex., T.E. Swate, Pasadena, Tex., Eric Carter, Houston, Tex., for defendant-appellant.

Fulbright & Jaworski, Larry C. Jones, Houston, Tex., for plaintiff-appellee.

Before TIMBERS, POLITZ and RANDALL, Circuit Judges.

POLITZ, Circuit Judge:

Eastway Women's Clinic, Inc., appeals the district court's imposition of sanctions under Fed.R.Civ.P. 37, including the striking of its defenses, entry of adverse judgment on the merits, and the assessment of $1,000 in attorney's fees. Upon review of the record, we find the sanctions imposed, albeit severe, are justified by the conduct of defendant's representative, Tommy E. Swate, who is both a licensed physician and a practicing attorney,...

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