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GOCOLAY v. NEW MEXICO FEDERAL SAV. & LOAN ASS'N

No. 90-2116.

968 F.2d 1017 (1992)

Maria Cecelia GOCOLAY, Special Administrator of the Estate of Antonio K. Gocolay, decedent, Plaintiff-Appellant, v. NEW MEXICO FEDERAL SAVINGS & LOAN ASSOCIATION; Fil-Am Investment Corporation; Manuel D. Gocolay; Robert Morris, in his capacity as President of NM Federal Savings & Loan Association; Beverly Agnew; Dail Bachtel; Raymond Gallegos; James Hester; Henry Holmberg; Arturo Jaramillo; Ben Maestas; Andres Martinez; John Mitchell; Gilbert Ortiz; Ted Ortiz; M.B. Packard; H.D. Woodruff, Col.; Kurt Ziebarth; Frank Morrato; Edwin C. Lineberry; Rosa Ellis; Robert E. Morris, in their capacity as Directors of NM Federal Savings & Loan Association; Jaime Villarino; Resolution Trust Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 1, 1992.

Attorney(s) appearing for the Case

Steven S. Scholl (Stanley N. Hatch with him on the briefs), of Hatch, Beitler, Allen & Shepherd, P.A., Albuquerque, N.M., for plaintiff-appellant.

Richard Yeomans of Poole, Kelly & Ramo, P.C. (Joe L. McClaugherty, Cameron Peters, and Jack Eastham with him on the briefs), of Kemp, Smith, Duncan & Hammond, P.C., Santa Fe, N.M., for defendants-appellees.

Before BALDOCK and BRORBY, Circuit Judges, and BELOT, District Judge.

BRORBY, Circuit Judge.

The sole issue on appeal is whether the district court abused its discretion by dismissing Plaintiff's complaint as a discovery sanction for failing to complete a deposition by the ordered deadline because of uncontradicted claims of ill health. We hold the dismissal was improper, vacate the district court's order, and remand.

Plaintiff Antonio Gocolay, a Philippine national, brought suit in September 1987 to recover $653,754.79 allegedly...

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