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McMULLEN v. BAY SHIP MANAGEMENT

No. 00-3157.

335 F.3d 215 (2003)

Ed McMULLEN, Appellant v. BAY SHIP MANAGEMENT, Appellee.

United States Court of Appeals, Third Circuit.

Filed: June 20, 2003.

Attorney(s) appearing for the Case

Vincent S. Cimini, (Argued), Foley, Cognetti, Comerford & Cimini, Scranton, for Appellant.

Thomas R. Daniels, (Argued), Lehahan & Dempsey, P.C., Scranton, for Appellee.

Before: SCIRICA, Chief Judge, AMBRO and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this diversity case, we conclude that the plaintiff's proper invocation of the Fifth Amendment privilege against self-incrimination did not warrant dismissal of the litigation. Because other less drastic measures were available to cope with the failure to comply with the defendant's discovery requests, we will reverse and remand for further proceedings.

Plaintiff filed a civil action on January 29, 1999...

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