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VALLEY ENGINEERS INC. v. ELECTRIC ENGINEERING CO.

No. 97-16383.

158 F.3d 1051 (1998)

VALLEY ENGINEERS INC.; Nugget Hydroelectric, L.P., Plaintiffs, v. ELECTRIC ENGINEERING COMPANY, Defendant-Counter-Claimant-Cross-Claimant-Appellant, Credit Suisse, a Swiss Corporation, Counter-Defendant-Counter-Claimant-Appellee, Bruce Brown; Calpine Corporation; William B. Betchart, Counter-Defendants-Appellees, and AMERICAN HOME INSURANCE COMPANY, Counter-Defendant, v. ENERVEST CORPORATION, a Colorado Corporation; Enervest Management Corporation, a Colorado Corporation, Third-Party-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 26, 1998.

Attorney(s) appearing for the Case

Diane Wallis Huijgen, Huijgen & Associates, Union City, CA, for appellant Electric Engineering Company.

Mark Pomeranz, Pomeranz & Landsman, North Miami, FL, for appellant Electric Engineering Company.

Kenneth M. Fitzgerald, Latham & Watkins, San Diego, CA, for appellees Credit Suisse and Bruce Brown.

Chris Gibson, Boutin, Dentino, Gibson & Di Giusto, Sacramento, CA, for appellees Calpine and Will B. Betchart.

Steven N. Yermish, Paoli, PA, for appellees Enervest Corporation & Enervest Management Corporation.

Before: WALLACE, T.G. NELSON, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

This case concerns sanctions for discovery violations.

Jurisdiction and Standards of Review.

We have jurisdiction over this timely filed appeal pursuant to 28 U.S.C. § 1291. A dismissal under Fed.R.Civ.P. 37 is reviewed for abuse of discretion. Anheuser-Busch, Inc. v. Natural Beverage Distributors, 69 F.3d 337, 348 (9th Cir.1995). The district court's factual findings are reviewed...

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