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BROCK v. GRETNA MACH. & IRONWORKS, INC.

No. 84-3229.

769 F.2d 1110 (1985)

William E. BROCK, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. GRETNA MACHINE & IRONWORKS, INC., a Corporation, and Martin De Matteo, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 3, 1985.

Attorney(s) appearing for the Case

Andrea C. Casson, Atty., Dept. of Labor, Washington, D.C., for plaintiff-appellant.

Sessions, Fishman, Rosenson, Boisfontaine & Nathan, Robt. E. Barkley, Jr., New Orleans, La., for Gretna.

McCarty, Wilson, Rader & Mash, Robt. E. Rader, Jr., Ennis, Tex., for Gretna and Martin De Matteo.

Before GARZA, POLITZ and DAVIS, Circuit Judges.

POLITZ, Circuit Judge:

We are asked to determine, inter alia, whether the district court, 100 F.R.D. 798, abused its discretion by dismissing, as a discovery sanction, the civil contempt complaint of the Secretary of Labor. The Secretary refused to comply with a discovery order entered by the district court and the court dismissed the complaint with prejudice, imposing attorney's fees and expenses. Finding as a matter of law that the application for the administrative...

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