Diamond Claims & Investigation Services, Inc. - Page 29

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          damages hearing on which the District Court expressly relied in             
          awarding damages to the plaintiffs in that lawsuit.  Cf. Furrer             
          v. Commissioner, 566 F.2d 1115, 1116 (9th Cir. 1977), affg. T.C.            
          Memo. 1976-331; Church v. Commissioner, 80 T.C. 1104, 1107                  
          (1983).                                                                     
               In September 1984, DCI and the Diamonds commenced the                  
          Farmers lawsuit in the District Court by filing an initial                  
          complaint.  Thereafter, they filed an amended complaint and a               
          second amended complaint, and the plaintiffs and FIG submitted a            
          pretrial order.  In those submissions, the plaintiffs raised                
          claims against FIG for breaches of contract, indemnity, and                 
          fraudulent misrepresentations and sought damages from FIG with              
          respect to those claims.  At the conclusion of the pretrial                 
          discovery period, the plaintiffs filed a motion for sanctions               
          against FIG, and on September 9, 1986, the District Court issued            
          an order granting that motion and indicating that it would enter            
          a default judgment in favor of the plaintiffs following the                 
          damages hearing.                                                            
               On January 20, 1987, the District Court rendered an opinion            
          in which it concluded (1) that the pretrial order (a) superseded            
          the various complaints that the plaintiffs had filed in the                 
          Farmers lawsuit and (b) controlled the determination of any                 
          damages to be awarded to the plaintiffs and (2) that the effects            
          of the entry of default in favor of the plaintiffs and against              
          FIG were to treat as established the plaintiffs' factual allega-            




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