OPINION
SNEED, Circuit Judge:
Counsel for the plaintiff opened his oral argument before this Court by observing that this case is a "mess." In this he is right, although its condition has been achieved substantially through his own ineptness.
The appeal challenges the dismissal by the district court of Guam of Count II of the Plaintiff's complaint on its merits pursuant to the authority of Fed.R.Civ. P. 37(d) and 37(b)(2)(C). Count I of the complaint...
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