Court of Appeals for the Tenth Circuit July 1, 1992, No. 90-2116 (Gocolay v. New Mexico Federal Savings & Loan Ass'n)

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United States · · · 01-07-1992

BRORBY, Circuit Judge.

The sole issue on appeal is whether the district court abused its discretion by dismissing Plaintiff’s complaint as a discovery sanction for failing to complete a deposition by the ordered deadline because of uncon-tradicted claims of ill health. We hold the dismissal was improper, vacate the district court’s order, and remand.

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