WHITE

v.

EVANSVILLE AMERICAN LEGION HOME ASSN.

Citator

Cited By

• BON AIR Hotel, Inc. v. Time, Inc., 426 F.2d 858 (5th Cir. 1970)
  …Time’s initial motion for summary judgment was denied by Judge Scarlett on December 20, 1967. On March 4, 1968, this Court denied Time’s application for leave to appeal under 28 U.S.C.A. § 1292(b). Subsequently, the Supreme Court denied certiorari. 393 U.S. 859, 89 S.Ct. 131, 21 L.Ed.2d 127. Meanwhile Judge Scarlett had retired. Further proceedings were held before his successor, Judge Lawrence. On January 30, 1969, Judge Lawrence, pursuant to Rule 60(b), Fed.R. Civ.P., vacated Judge Scarlett’s order and g…
• Cine Forty-Second St. Theatre Corp. v. Allied Artists Pictures Corp., 602 F.2d 1062 (2d Cir. 1979)
  …errogatories might not rise to the level of “willfulness” or “bad faith” for both of these conditions imply a deliberate disregard of the lawful orders of the court. See Bon Air Hotel, Inc. v. Time, Inc., 376 F. 2d 118 (5th Cir. 1967), cert. denied, 393 U.S. 859, 89 S.Ct. 131, 21 L.Ed.2d 127 (1968). The question, then, is whether gross negligence amounting to a “total dereliction of professional responsibility,” but not a conscious disregard of court orders, is properly embraced within the “fault” component…
• Falstaff Brewing Corp. v. Miller Brewing Co., 702 F.2d 770 (9th Cir. 1983)
  …judgment pursuant to Rule 37 reversed because witness testified he produced everything in his possession and therefore was unable to comply with discovery order); Bon Air Hotel, Inc. v. Time, Inc., 376 F. 2d 118, 121-22 (5th Cir.1967), cert. denied, 393 U.S. 859, 89 S.Ct. 131, 21 L.Ed.2d 127 (1968) (court vacated dismissal pursuant to Rule 37 for failure to produce a witness for purposes of deposing an officer of plaintiff, a bankrupt corporation, because of plaintiff’s good faith efforts to locate); Read v…