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TOMA v. CITY OF WEATHERFORD

No. 86-1304.

846 F.2d 58 (1988)

Kory TOMA, Plaintiff-Appellant, v. The CITY OF WEATHERFORD; Keith Crum, individually and as an employee of the City of Weatherford Police Department; Tim Bailey, individually and as an employee of the City of Weatherford Police Department; Randy Cox, individually and as an employee of the City of Weatherford Police Department; and Larry Williams, individually and as an employee of the Custer County, Oklahoma Sheriff's Office, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 11, 1988.

Attorney(s) appearing for the Case

Michael Gassaway and John B. Monnett, Hughes & Nelson, Oklahoma City, Okl., on the brief, for plaintiff-appellant.

Jim T. Priest, McKinney, Stringer & Webster, P.C., Oklahoma City, Okl., for defendants-appellees.

Before HOLLOWAY, Chief Judge, ANDERSON, Circuit Judge, and SAFFELS, District Judge.

SAFFELS, District Judge.

This appeal provides us with another opportunity to review a district court's use of dismissal or default as a discovery sanction. This issue has been the subject of several recent decisions. See M.E.N. Co. v. Control Fluidics, Inc., 834 F.2d 869 (10th Cir.1987); Smith v. United States, 834 F.2d 166 (10th Cir.1987); In re Standard Metals Corp.,

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