Court of Appeals for the Ninth Circuit November 8, 1995, 94-15236 (Robert R. Estrada v. James K. Rowland J.S. Stainer R. Haase S. Sosa M. Melgado Garcia and N. Haywood)

PER CURIAM:

The district court dismissed Robert R. Estrada’s § 1983 action when he attended his deposition but refused to testify. Because a party who appears at a deposition but refuses to testify does not “fail to appear” for the purposes of Federal Rule of Civil Procedure 37(d), we reverse and remand.