DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

072006P.pdf   05/27/2008  Larry Smith  v.  Gold Dust Casino
   U.S. Court of Appeals Case No:  07-2006
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Bright, Author, with Murphy and Benton, Circuit Judges]
   Civil Case - Disability Discrimination. District court's dismissal with
   prejudice under Rule 41(b) for failure to make full discovery is reversed,
   as dismissal with prejudice was disproportionate to plaintiff's
   transgressions. Record does not support intention to delay or contentious
   refusal to comply with court orders. District court failed to give advance
   warning that failure to comply would result in dismissal and court should
   have considered less severe sanction.