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SYNANON FOUNDATION, INC. v. BERNSTEIN

No. 83-1372.

503 A.2d 1254 (1986)

SYNANON FOUNDATION, INC., Appellant, v. Stuart A. BERNSTEIN, Samuel J. Kushner, James H. Kabler III, and Coldwell Banker and Company, Inc., Appellees.

District of Columbia Court of Appeals.

Decided January 29, 1986.

Attorney(s) appearing for the Case

Sherman L. Cohn, Washington, D.C., with whom Geoffrey P. Gitner and William F. Krebs, Washington, D.C. were on the brief, for appellant.

William Daniel Sullivan, with whom Warren K. Kaplan, Washington, D.C. was on the brief, for appellees Bernstein and Kushner.

John R. Cope, Washington, D.C. with whom Anne N. Foreman, Washington, D.C. was on the brief, for appellee Coldwell Banker and Company, Inc.

James H. Kabler, III, pro se.

Before NEBEKER, MACK and BELSON, Associate Judges.

MACK, Associate Judge:

This is an appeal from an order of the trial court dismissing plaintiff-appellant's complaint. The trial court found that dismissal of the complaint was warranted on two independent grounds: first, that the plaintiff had abused the discovery process; and second, that the plaintiff had perpetrated a fraud upon the court. We affirm on the second ground without deciding the merit of the first.

I

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