U.S. FOR USE OF WILTEC GUAM, INC. v. KAHALUU CONST. CO., INC.

Nos. 87-1862, 87-1863.

857 F.2d 600 (1988)

UNITED STATES of America for the Use and Benefit of WILTEC GUAM, INC., Plaintiff-Appellee, v. KAHALUU CONSTRUCTION CO., INC., and Industrial Indemnity Co., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1988.


Attorney(s) appearing for the Case

Russell H. Tansey, Agana, Guam, for defendant-appellant Kahaluu Const. Co., Inc.

Charles H. Witherwax, Honolulu, Hawaii, for defendant-appellant Indus. Indem. Co.

John C. Dierking, Agana, Guam, for plaintiff-appellee Wiltec Guam, Inc.

Before WALLACE, REINHARDT and NOONAN, Circuit Judges.


REINHARDT, Circuit Judge:

This appeal challenges sanctions imposed by the district court under Rule 37(b)(2) of the Federal Rules of Civil Procedure. Following several violations of the rules of procedure by the appellants, the court prohibited them from defending against the appellee's claim, dismissed the counterclaim, and awarded judgment for the appellee. We affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

Defendant-appellant...

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