WARE v. RODALE PRESS, INC.

No. 02-1533.

322 F.3d 218 (2003)

Reginald D. WARE; Ware Communications, Inc. v. RODALE PRESS, INC. Ware Communications, Appellant

United States Court of Appeals, Third Circuit.

Filed February 28, 2003.


Attorney(s) appearing for the Case

Paul B. Birden, Jr., Voorhees, NJ, for Appellant.

Patrick J. Reilly, Paul A. McGinley, Gross, McGinley, LaBarre & Eaton, LLP, Allentown, PA, for Appellee.

Before BECKER, NYGAARD, and AMBRO, Circuit Judges.


Submitted Under Third Circuit LAR 34.1(a) January 21, 2003.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Appellant Ware Communications, Inc. ("WCI") sued Appellee Rodale Press, Inc. ("Rodale") for, inter alia, breach of contract. After repeated noncompliance with discovery requests and orders, the District Court sanctioned WCI by precluding it from introducing any evidence of damages at trial. Because this made it impossible for WCI to establish...

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