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HENRY v. GILL INDUSTRIES, INC.

Nos. 91-15727, 91-16004.

983 F.2d 943 (1993)

Del P. HENRY, Jr., a single man, Plaintiff-Appellant-Cross-Appellee, v. GILL INDUSTRIES, INC., et al., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 12, 1993.

Attorney(s) appearing for the Case

Kelly Reed, Scottsdale, AZ, for plaintiff-appellant-cross-appellee.

Douglas R. Painter, McCutchen, Doyle, Brown & Enersen, San Francisco, CA, for defendant-appellee-cross-appellant.

Before: BOOCHEVER, NOONAN, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

In this appeal and cross-appeal we must decide whether a civil action can be dismissed as a sanction for failure to comply with discovery rules and whether a summary judgment motion on a counterclaim can be granted based solely on failure of the opposing party to file an answering memorandum under local court rules.

I

Del P. Henry, Jr., ("Henry") brought suit against Gill Industries, Inc. ("Gill") in January 1989 for alleged...

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