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METROCORPS, INC, v. EASTERN MASS. JR. DRUM & BUGLE CORPS

No. 90-1074.

912 F.2d 1 (1990)

METROCORPS, INC., et al., Plaintiffs, Appellees, v. The EASTERN MASSACHUSETTS JUNIOR DRUM & BUGLE CORPS ASSOCIATION, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 24, 1990.

Attorney(s) appearing for the Case

Bruce R. Fox, for defendants, appellants.

Joseph W. Casey, for plaintiffs, appellees.

Before TORRUELLA and CYR, Circuit Judges, and BOWNES, Senior Circuit Judge.

BOWNES, Senior Circuit Judge.

The district court dismissed plaintiffs' action for failure to comply with discovery orders. It refused to award defendants attorney's fees and costs under Fed.R.Civ.P. 37 and denied a motion asking it to consider such an award under Fed.R.Civ.P. 11 and 42 U.S.C. § 1988. Defendants have appealed claiming that they are entitled to costs and attorney's fees. Plaintiffs have not appealed.

THE PATH TO DISMISSAL

Plaintiffs...

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