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MAGYAR v. UNITED FIRE INS. CO.

Nos. 86-5650, 85-6281.

811 F.2d 1330 (1987)

Leo MAGYAR and Magdalena Magyar, Plaintiffs-Appellants, v. UNITED FIRE INSURANCE CO., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1987.

As Amended on Denial of Rehearing April 17, 1987.

Attorney(s) appearing for the Case

Jay Lichtman, Los Angeles, Cal., for the plaintiffs-appellants.

Joseph Rimac, Los Angeles, Cal., for the defendants-appellees.

Before NELSON, KOZINSKI and NOONAN, Circuit Judges.

KOZINSKI, Circuit Judge:

We consider whether the district court erred in striking plaintiff's testimony as a sanction for giving nonresponsive and evasive answers.

Facts

Leo Magyar, a septuagenarian immigrant from Eastern Europe, has lived in the United States for some 20 years. In April 1983 he brought suit in state court against United Fire Insurance Co. (United), which had issued him five health insurance policies. He alleged that United had wrongfully...

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