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BROCKTON SAV. BANK v. PEAT, MARWICK, MITCHELL & CO.

No. 85-1174.

771 F.2d 5 (1985)

BROCKTON SAVINGS BANK, Plaintiff, Appellee, v. PEAT, MARWICK, MITCHELL & CO., et al., Defendants, Appellees. First United Fund, Ltd., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 26, 1985.

Attorney(s) appearing for the Case

Edward R. Lev, Boston, Mass., with whom Louis A. Rodriques, Shelagh A. Ellman and Sullivan & Worcester, Boston, Mass., were on brief, for First United Fund, Ltd.

Michael S. Greco, Boston, Mass., with whom Richard M. Zielinski, Robert D. Richman and Hill & Barlow, Boston, Mass., were on brief, for Brockton Sav. Bank.

Before COFFIN, RUBIN and BOWNES, Circuit Judges.

COFFIN, Circuit Judge.

This appeal raises two basic questions: first, whether the district court abused its discretion by entering a default judgment against defendant, First United Fund, Ltd. (First United),1 for abuse of the discovery process, including the failure to comply fully with several discovery orders; and second, whether the district court erred by not considering questions of contributory or comparative negligence during a...

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