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GENERAL INS. CO. OF AM. v. EASTERN CONSOL. UTIL.

No. 96-1882.

126 F.3d 215 (1997)

GENERAL INSURANCE COMPANY OF AMERICA v. EASTERN CONSOLIDATED UTILITIES, INC.; Midatlantic Pipeline, Inc.; Eastern Excavating, Inc.; John L. Daddona; Judy Daddona; Donald A. Daddona; Eva Daddona; Frank P. Daddona; Katherine M. Daddona John L. Daddona, Judy L. Daddona and David Gubitosi, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 22, 1997.

Attorney(s) appearing for the Case

John P. Karoly, Jr. (argued), Law Offices of John Karoly, Allentown, PA, for Appellants.

Henry S. Perkin, Perkin & Feldman, Allentown, PA, Benjamin D. Lentz (argued), Hart & Hume, New York City, for Appellee.

Before: STAPLETON, LEWIS and ALDISERT, Circuit Judges.

OPINION OF THE COURT

LEWIS, Circuit Judge.

In this case, a defendant and a nonparty deponent were held in contempt of court, pursuant to Federal Rule of Civil Procedure 37(b), for failing to appear at their respective depositions. As one of the sanctions imposed, the district court took as established certain facts relating to both the defendant and nonparty deponent. The issue we confront on appeal is whether the district court abused its discretion in...

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