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McDONALD v. HEAD CRIMINAL COURT SUPERVISOR OFFICER

No. 719, Docket 87-2459.

850 F.2d 121 (1988)

Winston McDONALD, Plaintiff-Appellant, v. HEAD CRIMINAL COURT SUPERVISOR OFFICER, Ronald Miegel, John Doe 044, John Doe 000192, John Doe District Attorney, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 27, 1988.

Attorney(s) appearing for the Case

Gail A. Wechsler, New York City (Levy, Gutman, Goldberg & Kaplan, Jeremiah S. Gutman, of counsel), for plaintiff-appellant.

Stephen M. Jacoby, New York City, Asst. Atty. Gen. of State of N.Y. (Robert Abrams, Atty. Gen. of State of N.Y., Howard L. Zwickel, Chief, Litigation Bureau, Jeffrey I. Slonim, Asst. Atty. Gen., of counsel), for defendants-appellees.

Peter L. Zimroth, Corp. Counsel of the City of New York, Larry A. Sonnenshein, Fred Kolikoff, Asst. Corp. Counsels of the City of New York, for the City of New York as amicus curiae.

Before FEINBERG, Chief Judge, PRATT, Circuit Judge and DORSEY, District Judge.

FEINBERG, Chief Judge:

Winston McDonald appeals from a judgment of the United States District Court for the Southern District of New York, Robert W. Sweet, J., dismissing McDonald's complaint with prejudice pursuant to Rule 37(b)(2)(C) of the Federal Rules of Civil Procedure for failure to comply with a discovery order. Judge Sweet's decision granting defendants' motion to dismiss is reported at 117 F.R.D. 55 (S.D.N.Y.1987). For reasons given below, we affirm the...

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