Court of Appeals for the Second Circuit April 6, 1964, 28591_1 (Mohammed Nasser v. Isthmian Lines)

KAUFMAN, Circuit Judge:

This appeal raises the question whether the dismissal of appellant’s complaint in an earlier action under Rule 37, F.R.Civ.P., for failure to answer interrogatories, operates as an adjudication upon the merits, and hence as a bar to identical causes of action asserted in a subsequent suit.