What is the test for dismissal with prejudice for failure to comply with an order of the court?
MultiRegion, United States of America
The following excerpt is from Krain v. County of Orange, 897 F.2d 533 (9th Cir. 1990):
This case is virtually identical to one recently decided by this court and involving the same plaintiff, Krain v. Smallwood, 880 F.2d 1119 (9th Cir.1989). The holding in Smallwood controls this case, and the district court's dismissal with prejudice for failure to comply with an order of the court is reversed and remanded.
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