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SHEARSON LOEB RHOADES, INC. v. QUINARD

Nos. 83-6486, 84-5523.

751 F.2d 1102 (1985)

SHEARSON LOEB RHOADES, INC., Gerald Jones and Roy Fink, Plaintiffs/Crossclaimants-Appellees, v. Victor Fuentes QUINARD and Alma L. Fuentes, Defendants/Cross-defendants-Appellants. WAGER BAY, N.V., Plaintiff-Appellant, v. SHEARSON/AMERICAN EXPRESS, INC., Defendant-Appellee. SHEARSON/AMERICAN EXPRESS, INC., Crossclaimant-Appellee, v. Victor Fuentes QUINARD, Crossdefendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 15, 1985.

Attorney(s) appearing for the Case

Samuel Keesal, Jr., Long Beach, Cal., for plaintiffs/crossclaimants-appellees.

M. Van Smith, Palo Alto, Cal., for defendants/crossdefendants-appellants.

Before SNEED, ANDERSON and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

This is a consolidated appeal of two actions involving commodity futures trading accounts. The facts which led to a default judgment against defendants in one action and the dismissal of the other arise out of the willful and deliberate disobedience of a discovery order, willful concealment of evidence, and attempted fabrication of false evidence.

The record demonstrates that the misconduct was so aggravated that the district court...

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