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CANINO v. D.R.C. CO.

212 N.J. Super. 620 (1986)

515 A.2d 1267

JAMES M. CANINO AND KATHLEEN RAPHAEL, EXECUTRIX OF THE ESTATE OF ALVIN RAPHAEL, DECEASED, PLAINTIFFS-RESPONDENTS, v. D.R.C. COMPANY, ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 1, 1986.

Attorney(s) appearing for the Case

Thomas L. Weisenbeck argued the cause for appellant James P. Dugan (Hannoch Weisman, attorney; Thomas L. Weisenbeck, on the brief).

Raymond Barto argued the cause for respondents (Warren J. Kaps & Associates, attorneys; Raymond Barto and Warren J. Kaps, on the brief).

Before Judges MICHELS, O'BRIEN and LANDAU.

The opinion of the court was delivered by LANDAU, J.S.C. (temporarily assigned).

Here James P. Dugan appeals from an order adjudicating him to be in contempt of court for failing to complete his testimony at a deposition ordered by the court. The trial judge based his order on the authority of R. 4:23-2(b)(4) which authorizes a court to treat, "... as a contempt of court the failure to obey any [discovery] orders...

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