GUEX v. ALLMERICA FINANCIAL LIFE INS. & ANNUITY

No. 97-2148.

146 F.3d 40 (1998)

Christian GUEX, Plaintiff-Appellant, v. ALLMERICA FINANCIAL LIFE INSURANCE AND ANNUITY COMPANY, a/k/a Sma Life Assurance Company, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided July 10, 1998.


Attorney(s) appearing for the Case

Luis León-Freire, with whom Jesús M. del Valle Law Offices was on brief for appellant.

Frank Gotay-Barquet, with whom Ramonita Pérez de Gotay, Feldstein, Gelpí & Gotay and Ralph L. Diller were on brief for appellee.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, and STAHL, Circuit Judge.


PER CURIAM.

Plaintiff-appellant Christian Guex appeals from the dismissal with prejudice of his complaint. The dismissal was a sanction for his failure to appear at his own deposition, as well as for earlier violations of discovery orders. He argues that the dismissal was too severe a sanction. We disagree, and affirm.

In dismissing the plaintiff's complaint, the district court relied on Rule 37 of the Federal Rules of Civil Procedure, which provides, in pertinent...

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