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ta 64 bh i? $4 t- te ee i a . a . Charges of — documents ,° deceiving the court, and all of the other charges of misconduct .made against them in this cause by sare of bane peers for plain- tiffs in this case. 2/ _ in Britt. Vv: ‘Corporacion ‘Peruana DeVapores, 506 F.2d 927, 932 (5th Cir. 4975) ’ the court held, inter alia, that the. decision whether to impose sanctions for failure to make discovery rests with the district Judge — the Court of Appeals.” ‘The decision of the trial judge that. sanctions should not be imposed ° “must stand absent the showing of an shuse of discretion. ’ National: Hockey League : ve Metropolitan Hockey. ‘Club,. 429 U.S. 639). 642-643 (1976) The record below amply demonstrates that the trial court. did not abuse its discretion in refusing ~* . be . oe Prior to trial, plaintifés issued or scugiit ‘leave to issue several subpoenae _3/ ‘duces tecum seeking documents from the files of the Federal Bureau of Investigation (FBI). Following extensive hearings, the district: court, on March 31, 1975, 44 ventereda ‘cotprehensive- setae setting forth the. parameters .of ae In ° xesponse to the district court's order, documents from the FBI files were produced. Thereafter, in June, 1975, and August, 1975, plaintiffs issued or sought leave 5 / to issue additional subpoenae duces tecum. On September 16, 1975, , the court entered an order Limiting the disclosure of information relating to the FBI _6/ ‘COINTELPRO during depositions. On December 15, 1975, the district court deferred until trial further nulings, on plaintiffs' additional subpoenae. _3/ Plaintiff served subpoenae duces becum ¢ on the FBI, Roy Martin Mitchell, Robert .- f. Piper, and Marlin Johnson in October, 1973, March, 1974, July, 1974, October 1974, ‘December, 1974 and March 1975. 4/ A copy of the court's March 31, 1975 order is attached hereto as Appendix, Exhibit 2. _5/ The court's March 31, 1975 order, prohibited the disclosure of information relat- ing to confidential informants, other than defendant O'Neal; on September 9, 1975, the court specifically ruled cn the disclosure of such information. See in camera hearing of September 9, 1975. S/ A copy of the court's September 16, 1975 order is attached hereto as > Appendix,