PERRY v. POGEMILLER

No. 93-1460.

16 F.3d 138 (1993)

Rixson M. PERRY, Plaintiff-Appellant, v. Christopher R. POGEMILLER and State Farm Fire and Casualty Co., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 21, 1993.

Opinion Published as Modified February 1, 1994.


Attorney(s) appearing for the Case

Rixson M. Perry, pro se.

Michael Resis, Querrey & Harrow, Chicago, IL, for defendants-appellees.

Before CUMMINGS, CUDAHY, and EASTERBROOK, Circuit Judges.


CUMMINGS, Circuit Judge.

Rixson Perry appealed the dismissal of his suit, with prejudice, as a sanction for his refusal to comply with discovery. Fed. R.Civ.P. 37(b). We affirm.

Nearly three years after voluntarily dismissing a tort action filed in the Circuit Court of Illinois, Perry initiated this action in federal district court based on diversity asserting the same claim against the same defendants as named in the state action. In lieu of an answer, the...

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