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BATSON v. NEAL SPELCE ASSOCIATES, INC.

No. 84-1841.

765 F.2d 511 (1985)

Rose V. BATSON, Plaintiff-Appellant, v. NEAL SPELCE ASSOCIATES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 18, 1985.

Attorney(s) appearing for the Case

Bunton, Nolan, Ode & Cooper, Connie Ode, Austin, Tex., for plaintiff-appellant.

McGinnis, Lochridge & Kilgore, Brook Bennett Brown, Rick Harrison, Austin, Tex., for defendant-appellee.

Before GOLDBERG, TATE and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this appeal we consider whether the district court abused its discretion in dismissing a civil rights plaintiff's complaint with prejudice and assessing over $30,000 in attorney's fees and costs for failure to comply with a discovery order. We hold that sanctions were appropriate but that the district court abused its discretion in this instance by the severity of those imposed. Accordingly, we remand for a reconsideration and reassessment...

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