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REEDER v. NEW YORK LIFE INS. CO.

No. 01-CA-148.

790 So.2d 712 (2001)

O. William REEDER, Jr. v. NEW YORK LIFE INSURANCE COMPANY.

Court of Appeal of Louisiana, Fifth Circuit.

June 27, 2001.

Attorney(s) appearing for the Case

Steven K. Faulkner, Jr., Harahan, Louisiana, for appellant.

Maura Z. Pelleteri, Diane L. Matthews, New Orleans, Louisiana, for appellee.

Panel composed of Judges THOMAS F. DALEY, MARION F. EDWARDS and SUSAN M. CHEHARDY.

EDWARDS, Judge.

Plaintiff Dr. O. William Reeder (Reeder) appeals a judgment of the district court dismissing his cause of action, with prejudice, for failure to comply with court-ordered discovery. Although we find that the trial court was within its discretion to dismiss the case, we hold that to do so with prejudice was error.

On October 8, 1998, Reeder filed a Petition For Disability Insurance Benefits against defendant New York Life Insurance Company ...

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