257 F.2d 807 - Bourgeois v. El Paso Natural Gas Co. — 257 F.2d 807

How this case has been cited

Cited by 14 later decisions — most recently February 1991

5 federal appellate · 4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Jacob Rassner, New York City, for appellant.

Lundgren, Lincoln & McDaniel, New York City (Franklin B. Lincoln, Jr., New York City, of counsel), for El Paso Natural Gas Co., appellee.

Richard Brill, New York City, for Republic Steel Corp., appellee.

Before SWAN, HINCKS and MOORE, Circuit Judges.

PER CURIAM.

¶1

This is an appeal by plaintiff from an order dismissing his complaint because of his wilful failure to appear for the taking of his deposition. The facts are summarized in Judge Sugarman's memorandum decision. His discretionary power to make the order is clear. Rule 37(d), Fed.Rules Civ.Proc. 28 U.S. C.A. As this court stated in Gill v. Stolow, 2 Cir., 240 F.2d 669, 670, the proper disciplining of a party under circumstances of default must usually be left to the control of the trial judge.1 We see no abuse of discretion under the circumstances disclosed by the record. The judgment is affirmed.

Notes: