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MARCHAND v. MERCY MEDICAL CENTER

No. 92-36733.

22 F.3d 933 (1994)

Kevin F. MARCHAND, Plaintiff-Appellee, v. MERCY MEDICAL CENTER, an Idaho corporation; et al., Defendant, and Neil K. Farris, D.O., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 25, 1994.

Attorney(s) appearing for the Case

Bruce R. McAllister, Quane, Smith, Howard & Hull, Boise, ID, for defendant-appellant.

J. Charles Hepworth, Hepworth, Nungester & Lezamiz, Boise, ID, for plaintiff-appellee.

Before: WRIGHT, REAVLEY, and LEAVY, Circuit Judges.

Opinion by Judge EUGENE A. WRIGHT.

EUGENE A. WRIGHT, Circuit Judge.

A jury awarded Kevin Marchand $4.2 million in a medical malpractice action. He then petitioned to recover attorneys' fees and costs under Fed.R.Civ.P. 37(c), because three defendants failed to admit key requests for admission that he proved at trial. The district court ordered Dr. Neil Farris to pay Marchand's reasonable expenses. Farris appeals this award and we affirm.

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